Babinski v. American Family Insurance Group

569 F.3d 349 (2009)

Donald BABINSKI, in his personal capacity and as personal representative of the Estate of John Babinski, Appellee,

v.

AMERICAN FAMILY INSURANCE GROUP, Appellant.

No. 08-1986.

United States Court of Appeals, Eighth Circuit.

Submitted: December 12, 2008.

Filed: June 18, 2009.

Kenneth R. White, argued, William S. Partridge, on the brief, Mankato, MN, for appellant.

Court J. Anderson, argued, Alan C. Eidsness, on the brief, Minneapolis, MN, for appellee.

Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG,[1] Judge.

SHEPHERD, Circuit Judge.

Donald Babinski ("Babinski") filed this…