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ALLSTATE INS. CO. v. MOSER

No. 09-1052.

600 F.3d 1297 (2010)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Elizabeth MOSER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 31, 2010.

Attorney(s) appearing for the Case

Timms R. Fowler, The Fowler Law Firm, LLC, Fort Collins, CO (Alan D. Carlson, Carlson Swanson & Dumler, P.C., Fort Collins, CO, with him on the briefs), for Defendant-Appellant.

Wendelyn K. Walberg, Walberg, Tucker & Holmes, P.C., Centennial, CO, for Plaintiff-Appellee.

Before MURPHY, HOLMES, Circuit Judges, and POLLAK, District Judge.

POLLAK, District Judge.

This diversity declaratory judgment action, brought in the United States District Court for the District of Colorado, presents questions as to the applicability of a Colorado automobile insurance policy's "household exclusion" provision—a provision barring recovery by one household member against another household member—to an accident in Kansas, whose Kansas Automobile Insurance Reparations Act ("KAIRA") stipulated that an automobile...

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