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PROGRESSIVE NORTHERN INS. CO. v. McDONOUGH

No. 09-2520.

608 F.3d 388 (2010)

PROGRESSIVE NORTHERN INSURANCE COMPANY, Plaintiff-Appellee, v. Sean David McDONOUGH, Defendant-Appellant, Nicolaus John Morelli; Mathew John Morelli, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2010.

Attorney(s) appearing for the Case

William Lawrence Davidson, argued, Brian A. Wood and Eric J. Steinhoff, on the brief, Minneapolis, MN, for Plaintiff-Appellee.

Anthony James Nemo, argued, Minneapolis, MN, for Defendant-Appellant.

Before BYE, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Nicolaus Morelli ("Morelli") injured Appellant Sean David McDonough while driving a car that Appellee Progressive Northern Insurance Company insured. Morelli subsequently pleaded guilty to attempted assault for the incident. Progressive filed this declaratory judgment action seeking a declaration that a criminal-act exclusion and an intentional-act exclusion precluded coverage. The district court1 found that the...

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