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ESICORP, INC. v. LIBERTY MUT. INS. CO.

No. 00-2810.

266 F.3d 859 (2001)

ESICORP, INC.; St. Louis Testing Laboratories, Inc., Plaintiffs-Appellees, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2001.

Rehearing and Rehearing Denied: October 29, 2001.

Attorney(s) appearing for the Case

Mark G. Arnold, argued, St. Louis, MO (Mark A. Smith, Sam P. Rynearson, St. Louis, MO, on the brief), for appellant.

Steven J. Weber, argued, McLean, VA (Julian F. Hoffar, McLean, VA, on the brief), for appellee.

BEFORE: LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and TUNHEIM, District Judge.

Rehearing and Rehearing En Banc Denied: October 29, 2001.

LOKEN, Circuit Judge.

Esicorp, Inc. ("Esicorp"), sued St. Louis Testing Laboratories, Inc. ("SLT"), for losses arising out of the need to repair defective pipe welds that SLT's testing had failed to discover. Liberty Mutual Insurance Company ("Liberty Mutual") refused to defend SLT under the comprehensive general liability ("CGL") policies Liberty Mutual issued...

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