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131688P.pdf   10/07/2014  Hudson Specialty Insurance Co  v.  Brash Tygr, LLC
   U.S. Court of Appeals Case No:  13-1688
                          and No:  13-1742
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Loken, Author, with Bye and Colloton, Circuit Judges] Civil case - Insurance. The district court erred when it determined that the driver of a non-company owned vehicle was acting in the course of defendant's business when he struck a pedestrian as he was not acting on the defendant's business as a matter of law, and the insurer was entitled to summary judgment on the coverage issue; defendants' cross-appeal is an alternative argument in support of the district court's decision and is an unnecessary complication of the case; the cross-appeal is dismissed; in any event, the district court did not err in determining that defendants were entitled to summary judgment based on a collateral estoppel theory. Judge Bye, concurring in part and dissenting in part.