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Sergeant v. Erpelding9/27/2000
tim, by pleading and trying his or her lawsuit on a negligence theory, cannot control the liability insurer's policy obligations to indemnify its insured tortfeasor."). Of course, Plaintiff's claim of bad faith also fails, since its breach of contract claim has failed.[footnote omitted.]
We agree with these observations and accordingly affirm on this issue. The judgment of the district court is affirmed.
AFFIRMED.
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