United States Eighth Circuit

District court's denial of defendant's motion for new trial and expanded findings of fact is reversed. Court erred in determining insurance terms "regularly used" and "currently used" were ambiguous, and in determining plaintiff did not regularly use or was not currently using cocaine during relevant period.

Appellate Information

• Decided 12/16/2003
• Published 12/16/2003

Judges

• SMITH, Circuit Judge., Before SMITH and HANSEN, Circuit Judges, and READE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Terrance J. Wagener, argued, Bloomington, MN (John Harper, III, on the brief), for appellant.


• For Appellees:
  
• Thomas Bennet Wilson III, argued, Edina, MN (Gayle Gaumer, on the biref), for appellee.