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PROGRESSIVE NORTHWESTERN INS. CO. v. GANT

No. 18-3226.

957 F.3d 1144 (2020)

PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Plaintiff Counter Defendant-Appellee, v. Gabriel GANT, individually and as heir at law of Kathryn Gant, deceased and next friend of MG, FG and CG estate of Kathryn Gant, Defendant Counterclaimant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED April 30, 2020.

Attorney(s) appearing for the Case

Adam S. Davis , Wagstaff & Cartmell, LLP, Kansas City, Missouri ( Jonathan P. Kieffer and Vanessa H. Gross , Wagstaff & Cartmell, LLP, Kansas City, Missouri, with him on the briefs) for Defendant Counterclaimant-Appellant.

Joseph T. Kissane , Cole, Scott & Kissane, P.A., Jacksonville, Florida ( Brian J. Aull , Cole, Scott & Kissane, P.A., Jacksonville, FL, John L. Mullen and Christopher M. Harper , Franke Schultz & Mullen, P.C., Kansas City, Missouri, with him on the brief) for Plaintiff-Counterclaim Defendant-Appellee.

Before HARTZ, KELLY, and MATHESON, Circuit Judges.

Progressive Northwestern Insurance filed suit in the United States District Court for the District of Kansas to obtain a declaratory judgment that it had not violated any duty to its insureds in the defense of a wrongful-death suit. The underlying suit had been brought in 2013 by Gabriel Gant against Justin Birk; his parents...

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