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LONG v. ST. PAUL FIRE AND MARINE INS. CO.

No. 07-3285.

589 F.3d 1075 (2009)

Natalie LONG, Individually, as Heir at Law, and as Special Administrator of the Estate of Charles Rhoten, Jr., a Deceased Minor, and as Parent and Natural Guardian of Jennifer Rhoten, a Minor, Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 14, 2009.

Attorney(s) appearing for the Case

J. Darin Hayes (Deborah B. McIlhenny with him on the briefs), Hutton & Hutton, Wichita, KS, for Appellant.

Marc A. Powell (Michael L. Baumberger with him on the brief) Powell, Brewer & Reddick, LLP, Wichita, KS, for Appellee.

Before MURPHY, SEYMOUR, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

In this diversity action based on Kansas law, Natalie Long seeks uninsured motorist benefits for her children, who were severely injured in a one-car accident. The uninsured teen driver, a friend of Long's children, did not have permission to drive the truck involved in the accident.

After the district court dismissed Long's claims against the vehicle owner's insurance company (St. Paul Fire and Marine Insurance), Long added her own...

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