ALLSTATE INS. CO. v. TOZER

No. 04-1220.

392 F.3d 950 (2004)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. John TOZER, Georgette Tozer, Lindsay Tozer, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 2004.


Attorney(s) appearing for the Case

Larry L. Barnard (argued), Miller, Carson, Boxberger & Murphy, Fort Wayne, IN, for Plaintiff-Appellant.

Jennifer R. Fitzwater, Wood, Touhy, Gleason, Mercer & Herrin, Nicholas C. Deets (argued), Hovde Law Firm, Indianapolis, IN, for Defendants-Appellees.

Before FLAUM, Chief Judge, and CUDAHY and POSNER, Circuit Judges.


FLAUM, Chief Judge.

This is a declaratory judgment action brought by Plaintiff-appellant Allstate Insurance Company ("Allstate"). Allstate seeks a declaration that the claims of Kristina and Nicholas Keltner for negligent infliction of emotional distress caused by witnessing their brother's death are subject to the same limit of liability applicable to the brother's injuries. The district court granted summary judgment in favor of the insureds, and Allstate appealed...

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