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081986P.pdf 06/18/2009 Donald Babinski v. American Family Insurance
U.S. Court of Appeals Case No: 08-1986
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Colloton, Circuit Judge, and
Goldberg, Court of International Trade]
Civil Case - Diversity. District court erred in granting summary
judgment to policy holder, on claim insurance policy obligated insurer to
indemnify insured up to $1,000,000 policy limit. Policy's household
drop-down exclusion limits to the minimum amount required by state law
is not ambiguous simply because the exact amount of the coverage is not
contained in the policy's four corners. Minnesota's doctrine of reasonable
expectations does not apply, and the exclusion is not per se unenforceable
under Minnesota law. Judge Goldberg dissents on issue of ambiguity of
step-down provision.