DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
132915P.pdf 01/15/2015 ACUITY v. Bryan C. Johnson, etc.
U.S. Court of Appeals Case No: 13-2915
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Smith, Author, with Murphy and Gruender, Circuit Judges]
Civil case - Insurance. Western National adequately pleaded its theory of
the case and the district court did not err in denying Acuity's motion in
limine; Western National had standing as a potential excess insurer to
challenge the interpretation and application of contract terms between
Acuity and the insured even if it was not a party to that insurance
contract; the district court did not err in rejecting Acuity's requests
for instructions regarding contract reformation as the case pivoted on the
question of whether Acuity had removed a vehicle from coverage without the
insured's consent rather than the question of contract reformation; the
court did not err in allowing the insured to participate in the case after
he settled with Acuity, as his participation was de minimus and did not
adversely affect the jury verdict.