Donald Babinski v. American Family Insurance

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1986 ___________ Donald Babinski, in his personal * capacity and as personal representative * of the Estate of John Babinski, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. American Family Insurance Group, * * Appellant. * ___________ Submitted: December 12, 2008 Filed: June 18, 2009 ___________ Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG,1 Judge. ___________ SHEPHERD, Circuit Judge. Donald Babinski (“Babinski”) filed this diversity action seeking a…