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092520P.pdf 06/28/2010 Progressive Northern Ins. Co. v. Sean McDonough
U.S. Court of Appeals Case No: 09-2520
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED][Melloy, Author, with Bye and Shepherd, Circuit Judges]
Civil Case - declaratory judgment. Grant of summary judgment to
insurance company seeking a declaration that a criminal act exclusion
applies based on insured's guilty plea to attempted assault is affirmed.
Insured's subsequent contradictory deposition testimony does not create
a genuine issue of material fact relating to intent. Intent is not
required to establish applicability of criminal act exclusion