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BJC HEALTH SYSTEM v. COLUMBIA CAS. CO.

No. 03-1118.

348 F.3d 685 (2003)

BJC HEALTH SYSTEM, Appellant, v. COLUMBIA CASUALTY COMPANY, doing business as CNA HealthPro, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 3, 2003.

Attorney(s) appearing for the Case

Timothy C. Sansone, argued, St. Louis, MO (John S. Sandberg and Todd C. Stanton, St. Louis, MO, on the brief), for appellant.

Matthew G. Allison, argued, Chicago, IL (Thomas A. Doyle, Chicago, IL, Scott D. Bjorseth, Alton, IL, on the brief), for appellee.

Before WOLLMAN, HEANEY, and RILEY, Circuit Judges.

WOLLMAN, Circuit Judge.

This appeal follows the district court's dismissal of plaintiff-appellant BJC Health System's ("BJC") amended complaint for failure to state a claim upon which relief could be granted. We reverse and remand.

I.

BJC is the sole shareholder of ATG Assurance Company Limited ("ATG"). Columbia Casualty Company, doing business as CNA HealthPro ("Columbia"), provided reinsurance to ATG for policy years 1998 and 1999 at a fixed premium...

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