Attorney(s) appearing for the Case
James Ellis Moore, argued, Sioux Falls, SD (Melanie L. Carpenter, on the brief), for appellant.
Kenneth R. Friedman, argued, Port Hadlock, WA, for appellee.
Before HANSEN, MURPHY, and BYE, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
MURPHY, Circuit Judge.
Daniel Athey was injured in December 1993 when his automobile was hit by Robert Hajek, who had failed to stop at a stop sign and was underinsured. Athey sustained soft tissue damage to his back and made a claim on his underinsurance policy with Farmers Insurance Exchange. Farmers Insurance Exchange and Athey could not agree on a settlement, and Athey brought this diversity action against his insurer and Illinois Farmers Insurance Company (collectively...
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