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PATTERSON v. MUTUAL OF OMAHA INS. CO.

No. 12-3838.

743 F.3d 1160 (2014)

Wesley PATTERSON, Plaintiff-Appellee v. MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska Corporation, Defendant-Appellant John Doe, a Corporation, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2014.

Attorney(s) appearing for the Case

Joseph Edward Jones , argued, Omaha, NE ( Timothy J. Thalken , on the brief), for Defendant-Appellant.

Maren Lynn Chaloupka , argued, Scottsbluff, NE, for Plaintiff-Appellee.

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

WOLLMAN, Circuit Judge.

Wesley Patterson, a student cheerleader at Prairie View A & M University (Prairie View), was paralyzed while practicing a tumbling maneuver during gymnastics class. Patterson sued Mutual of Omaha Insurance Company (Mutual), seeking coverage under the insurance policy that Mutual had issued to Prairie View as a member of the NCAA. Mutual's policy covers student cheerleaders who are injured during cheerleading practice sessions. The district...

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