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LINDSAY v. SAFECO INS. CO. OF AMERICA

No. 05-3241.

447 F.3d 615 (2006)

Reeva Whitworth LINDSAY, surviving spouse of John Whitworth, deceased; John Whitworth, Jr., surviving son of John Whitworth, deceased; Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA; OneBeacon Insurance Company, formerly known as Hawkeye Insurance Company; Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2006.

Attorney(s) appearing for the Case

Jennifer L. Suttmoeller, argued, St. Louis, MO (Leonard P. Cervantes, on the brief), for appellant.

Gary E. Wiseman, argued, St. Louis, MO (Stephen J. Barber, Michael B. Maguire, and Kenneth R. Goleaner, on the brief), for appellee.

Before COLLOTON, HEANEY, and GRUENDER, Circuit Judges.

HEANEY, Circuit Judge.

Reeva Whitworth Lindsay appeals the district court's1 summary judgment grant in favor of Safeco Insurance Company and OneBeacon Insurance Company in this declaratory action. The district court concluded that coverage did not exist under the liability policies issued by the insurers. We affirm.

BACKGROUND

On December 3, 1996, John Whitworth was killed while driving an all terrain vehicle (ATV) he...

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