Firemen's Fund Insurance v. Thien
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MAGILL, Circuit Judge.
In this insurance coverage declaratory action concerning a “fellow employee” exclusion, Kenneth D. Benedict, Hallowgene Benedict, and Chad Benedict (the Benedicts) appeal a grant of summary judgment to Firemen’s Fund Insurance Company (Firemen’s Fund). The Benedicts contend the district court improperly granted Firemen’s Fund summary judgment because there remained in dispute at least one issue of material fact. We agree with the Benedicts, and we reverse and remand to the district court for trial.
I. BACKGROUND
This federal declaratory judgment action was filed by…
2Cases cited13 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Robert Geiserman v. John H. MacDonald A.B. & A.B. & AssociatesCourt of Appeals for the Fifth Circuit · 1990
- United States v. George Samuel Walter RogersCourt of Appeals for the Eighth Circuit · 1976
- Playboy Enterprises, Inc. v. Public Service Commission of Puerto RicoCourt of Appeals for the First Circuit · 1990
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