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EYEBLASTER, INC. v. FEDERAL INS. CO.

No. 08-3640.

613 F.3d 797 (2010)

EYEBLASTER, INC., Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2010.

Attorney(s) appearing for the Case

Robert Paul Thavis, argued Stephen H. Barrows, on the brief, Minneapolis, MN, for Appellant.

Dale Melvin Wagner, argued Jessica Schulte Williams, on the brief, Minneapolis, MN, for Appellee.

Before COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Eyeblaster, Inc. ("Eyeblaster") appeals from an adverse entry of summary judgment in its action against Federal Insurance Company ("Federal") arising out of Federal's denial of coverage under two insurance policies. A computer user sued Eyeblaster, alleging that Eyeblaster injured his computer, software, and data after he visited an Eyeblaster website. Eyeblaster tendered the defense of the lawsuit to Federal, seeking coverage under...

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