Transamerica Insurance v. International Broadcasting Corp.

HEANEY, Circuit Judge.

Transamerica Insurance Company (Trans-america) brought a declaratory judgment action seeking a determination that Mchael Muraeh’s accident during a comedic diving performance was not covered by the insurance policy of Transamerica’s policy holder, the amusement park in which the accident occurred. Holding that the policy excluded coverage and that Murach was precluded from invoking principles of waiver and estop-pel, the United States District Court for Minnesota granted summary judgment in favor of Transamerica. We reverse and remand.

BACKGROUND

Mchael Murach was employed…