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PEAGLER v. USAA INSURANCE COMPANY

No. 04-2257.

448 F.3d 286 (2006)

David PEAGLER, personal representative of the ESTATE OF Kathy Marie THOMPSON, Plaintiff-Appellee, v. USAA INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 2006.

May 17, 2006.

Attorney(s) appearing for the Case

ARGUED: William Oglesby Sweeny, III, Sweeny, Wingate & Barrow, P.A., Columbia, South Carolina, for Appellant. John Calhoun Land, IV, Land, Parker & Welch, Manning, South Carolina, for Appellee. ON BRIEF: William R. Calhoun, Jr., Sweeny, Wingate & Barrow, P.A., Columbia, South Carolina, for Appellant.

Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Reversed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.

OPINION

HAMILTON, Senior Circuit Judge.

On August 31, 2001, Kathy Thompson was fatally injured when her husband, Greg, was unloading shotguns from the pickup truck she was occupying. At the time of the accident, Kathy Thompson and her husband were covered under an automobile insurance policy issued to them by USAA Insurance Company...

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