POMPA v. AMERICAN FAMILY MUT. INS. CO.

No. 07-1138.

520 F.3d 1139 (2008)

David Cidrillo POMPA, Plaintiff-Appellant, and Rosemary Santeler; Shawn Michael Domianus; Scott Christopher Domianus, by and through their natural parent and next friend Terry Domianus, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 31, 2008.


Attorney(s) appearing for the Case

Zachary C. Warzel (Michael J. Rosenberg, with him on the brief), of Roberts, Levin & Patterson, P.C., Denver, CO, for Plaintiff-Appellant.

Suzanne Lambdin (Stephanie A. Montague, with her on the brief), of Lambdin & Chaney, LLP, Denver, CO, for Defendant-Appellee.

Before HARTZ and GORSUCH, Circuit Judges, and BRIMMER, District Judge.


HARTZ, Circuit Judge.

At issue in this appeal is whether Defendant American Family Mutual Insurance Co. (AFM) had a duty to defend and indemnify its insured, Plaintiff David Cidrillo Pompa, with respect to a wrongful-death action brought against him. AFM argues that Mr. Pompa's plea of guilty to negligent homicide for the conduct that gave rise to the wrongful-death action triggers the criminal-conviction exclusion in his homeowner's insurance policy. Mr. Pompa counters...

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