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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.