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SCHUBERT v. AUTO OWNERS INS. CO.

No. 10-2761.

649 F.3d 817 (2011)

Carolyn E. SCHUBERT, Personal Representative of the Estate of Thomas R. Schubert, deceased, Appellee, v. AUTO OWNERS INSURANCE COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2011.

Attorney(s) appearing for the Case

Kenneth Raymond Goleaner , argued, Robert L. Brady and Brandon B. Copeland , on the brief, St. Louis, MO, for appellant.

James S. Manning , argued, Harrisonville, MO, Phillip S. Smith , on the brief, Kansas City, MO, for appellee.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

Auto Owners Insurance Company ("Auto Owners") appeals the order granting summary judgment in favor of Carolyn Schubert and awarding her $124,500, the face value of the insurance policy sold to her by Auto Owners. Because Schubert owned a one-half interest in the dwelling covered by the policy, which was completely destroyed by fire, Auto Owners offered to pay her half of the policy value. Auto Owners cited a provision within the policy which limited...

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