AMERICAN FAMILY MUT. INS. CO. v. CO FAT LE

No. 05-2373.

439 F.3d 436 (2006)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Appellee, v. CO FAT LE; Dao T. Phan, husband and wife, and parents of Trai Van Le, deceased, Defendants, Kim T. Truong, mother of Dung Van Truong, deceased; Bao Luong, Hue Vu Luong, parents of Thanh Luong, deceased; Hoason Nguyen, mother of Quan Anh Ha, deceased; Duong Hguyen, father of Dan K. Nguyen, deceased; Joan Coulter, Defendant ad Litem for Trai Van Le, deceased, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 3, 2006.


Attorney(s) appearing for the Case

Mark A. Helfers, argued, Clayton, MO, for appellant.

Stephen D. Hoyne, argued, St. Louis, MO, for appellee.

Before WOLLMAN, BEAM, and RILEY, Circuit Judges.


WOLLMAN, Circuit Judge.

American Family Mutual Insurance Co. (American Family) brought a declaratory judgment action, seeking a determination that it was not required to defend or indemnify the insured because the incident fell within the insurance policy's exclusions. The district court granted summary judgment for American Family.1 We affirm.

I.

American Family issued a homeowner's insurance policy to Co Fat Le and...

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