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Allstate Insurance Co. v. Moser

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Before MURPHY, HOLMES, Circuit Judges, and POLLAK*fn1, District Judge.

This diversity declaratory judgment action, brought in the United States District Court for the District of Colorado, presents questions as to the applicability of a Colorado automobile insurance policy’s “household exclusion” provision–a provision barring recovery by one household member against another household member–to an accident in Kansas, whose Kansas Automobile Insurance Reparations Act (“KAIRA”) stipulated that an automobile liability insurance policy could not limit recovery for bodily injury to one person for less than $25,000. On summary judgment, the District Court (1) rejected the insured’s contention that the household exclusion provision was void in its entirety, (2) determined that Allstate’s potential liability under the automobile policy was limited to $25,000, and (3) concluded that under these circumstances the umbrella policy was without application. We will affirm.

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