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UNITED CAPITOL INS. CO. v. KAPILOFF

No. 97-2253.

155 F.3d 488 (1998)

UNITED CAPITOL INSURANCE COMPANY, Plaintiff-Appellee, v. Bernard KAPILOFF; Lynn Kapiloff, Defendants-Appellants, v. UNITED CAPITOL INSURANCE COMPANY; J.L. Hickman & Company, Incorporated, t/a IFA Insurance Services, Incorporated; Horan Goldman & Company of Maryland, Incorporated; Ray Miller, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 8, 1998.

Attorney(s) appearing for the Case

ARGUED: Andre R. Weitzman, Andre R. Weitzman & Associates, Baltimore, MD, for Appellants. Matthew L. Litsky, Butler, Burnette & Pappas, Tampa, FL; David J. McManus, Jr., Baxter, Baker, Sidle & Conn, P.A., Baltimore, MD; Lewis Herbert Gold, Adelman, Lavine, Gold & Levin, Philadelphia, PA, for Appellees. ON BRIEF: Steven J. Potter, Andre R. Weitzman & Associates, Baltimore, MD, for Appellants. John J. Pappas, Scott D. Clay, Butler, Burnette & Pappas, Tampa, FL, for Appellees.

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.

Affirmed in part, reversed in part, and remanded for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Judge LUTTIG joined.

OPINION

NIEMEYER, Circuit Judge:

Bernard and Lynn Kapiloff own six commercial properties in Baltimore City, which are located in high risk areas and have been partially vacant over the years. Portions of one property were vandalized in December 1994 and again in March 1995...

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