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CORNHUSKER CAS. INS. CO. v. KACHMAN

No. 06-35106.

514 F.3d 977 (2008)

CORNHUSKER CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Chris KACHMAN, Defendant, and Brooks Samples, individually and as Personal Representative of the Estate of Leanne Samples, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2008.

Attorney(s) appearing for the Case

Kevin Coluccio, Garth L. Jones, Paul L. Stritmatter, Stritmatter Kessler Whelan Withey Coluccio, Hoquiam, WA, for defendant-appellant Brooks Samples.

Irene M. Hecht, Maureen M. Falecki, Keller Rohrback L.L.P., Seattle, WA, for plaintiff-appellee Cornhusker Casualty Insurance Company.

Before: RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges, and LYLE E. STROM, District Judge.

GOULD, Circuit Judge:

Brooks Samples ("Samples") appeals the district court's grant of summary judgment in favor of Cornhusker Casualty Insurance Company ("Cornhusker") and denial of Samples' cross-motion for summary judgment in Cornhusker's declaratory judgment action. The district court held that Cornhusker, before the accident that resulted in the death of Samples' wife, effectively cancelled its policy insuring the company responsible for her fatal injuries. The...

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