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BABINSKI v. AMERICAN FAMILY INS. GROUP

No. 08-1986.

569 F.3d 349 (2009)

Donald BABINSKI, in his personal capacity and as personal representative of the Estate of John Babinski, Appellee, v. AMERICAN FAMILY INSURANCE GROUP, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 18, 2009.

Attorney(s) appearing for the Case

Kenneth R. White, argued, William S. Partridge, on the brief, Mankato, MN, for appellant.

Court J. Anderson, argued, Alan C. Eidsness, on the brief, Minneapolis, MN, for appellee.

Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG, Judge.

SHEPHERD, Circuit Judge.

Donald Babinski ("Babinski") filed this diversity action seeking a declaratory judgment that the automobile insurance policy (the "Policy") he purchased from American Family Insurance Group ("American Family") provides up to $1,000,000 in liability coverage in a wrongful death suit brought against the estate of his son, John Babinski ("John"), of which Babinski is the personal representative. American Family responded by arguing that the Policy...

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