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WASTE MANAGEMENT OF MN v. TRANSCONTINENTAL INS.

No. 06-3421.

502 F.3d 769 (2007)

WASTE MANAGEMENT OF MINNESOTA, INC., Plaintiff-Appellee, v. TRANSCONTINENTAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 19, 2007.

Attorney(s) appearing for the Case

Robert E. Salmon, argued, Minneapolis, MN (William M. Hart and Livia E. Babcock, on the brief), for appellant.

Lauren E. Lonegran, argued, Minneapolis, MN (Thomas J. Basting, Jr., and Jonathan P. Schmidt, on the brief), for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and WOLLMAN, Circuit Judges.

LOKEN, Chief Judge.

A garbage truck loaded by Waste Management of Minnesota, Inc. ("WMCo"), and driven by Chad Trenhaile jumped a highway median, rolled over, and struck the car of Brian and Ellen Ross, injuring the Rosses and Trenhaile. The Rosses commenced a state court damage action against WMCo, Trenhaile, and additional parties we will refer to as the trucking defendants. WMCo's primary liability insurance policy provided coverage of $1,000,000 for the accident...

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