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063628P.pdf   06/26/2007  Allstate Insurance  v.  Tonja Blount
   U.S. Court of Appeals Case No:  06-3628
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Gruender, Author, with Colloton and Hansen, Circuit
   Judges]
Civil case - Insurance law. State wrongful death consent judgment does not bar insurer from litigating the issue of policy coverage; underlying complaint in the wrongful death action alleged claims of negligence and these claims constituted an occurrence under the policy's damages provision; however, Allstate can avoid liability if it can establish that the criminal acts exclusion in the policy applies; homeowner's guilty plea to first-degree manslaughter collaterally estopped victim's estate from arguing that homeowner committed a criminal act; however, collateral estoppel does not bar the estate from challenging the second prong of the exclusion - whether bodily injury may have reasonably be expected to result from that criminal act; as a result, the district court did not err in denying the insurer's motion for summary judgment.