054234P.pdf   06/08/2007  American Home  v.  Kelly Pope
   U.S. Court of Appeals Case No:  05-4234
                          and No:  05-4238
                          and No:  06-1750
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Melloy, Author, with Bright and Hansen, Circuit
   Judges]
   Civil case - Insurance law. For the court's prior opinion in the matter,
   see Am. Home Assurance Co. v. Pope, 360 F.3d 848 (8th Cir. 2004).
   District court erred in concluding that the court's prior opinion required 
   a grant of summary judgment against American Home on Count I of its
   complaint concerning duty to indemnify; case must be remanded for a
   factual determination of whether, and to what extent, insured's failure to
   warn Pope, her mother, or some other person or entity other than the
   Missouri Division of Family Services caused Pope's injuries; grant of
   summary judgment for defendants on Count II of American Home is
   affirmed; district court did not abuse its discretion in dismissing Counts
   III through VI of the American Home's complaint as the counts entail a
   determination of the validity and limitations of a state court judgment, a
   state court verdict and a state arbitration proceeding, and those claims
   should be dealt with in Pope's state court action; court did not err in
   dismissing equitable garnishment action as it was an appropriate issue for
   abstention in deference to the state court litigation; defendant ad litem 
   did not have authority to bring counterclaims against American Home; award
   of attorneys' fees vacated.