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ATEN v. SCOTTSDALE INS. CO.

No. 06-3966.

511 F.3d 818 (2008)

Jonathan ATEN, Appellant, v. SCOTTSDALE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2008.

Attorney(s) appearing for the Case

Jaren Lee Johnson, argued, Renee I. Fossen, on the brief, Eagan, MN, for appellant Jonathan Aten.

Richard Gary Jensen, argued, Dean B. Thomson and Kyle E. Hart, on the brief, Minneapolis, MN, for amici Associated General Contractors of Minnesota and Associated General Contractors.

Stacy Ann Broman, argued, Bradley M. Jones and Steven C. Wang, on the brief, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

RILEY, Circuit Judge.

In this insurance coverage dispute, Jonathan Aten (Aten) appeals the district court's grant of the motion to dismiss filed by Scottsdale Insurance Company (Scottsdale) on the grounds Scottsdale never breached its policy of insurance because Aten's damages either (1) were not a result of a covered occurrence or, alternatively, (2) even if the damages were a result of a covered occurrence, they were properly excluded under the policy's terms. On...

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