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H & R BLOCK, INC. v. AMERICAN INTERN. SPECIALTY LINES INS. CO.

No. 07-3156.

546 F.3d 937 (2008)

H & R BLOCK, INC., Plaintiff-Appellant, v. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY; Lexington Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 14, 2008.

Attorney(s) appearing for the Case

Thomas Walsh, argued, St. Louis, MO (Elizabeth C. Carner, St. Louis, MO, Craig S. O'Dear, Terence J. Thum, Kansas City, MO, on the brief), for appellant.

Patricia M. Kelly, argued, Chicago, IL (James P. McCarthy, on the brief), for appellee, Lexington Ins. Co.

Thomas B. Weaver, argued, St. Louis, MO (Lynn W. Hursh, Carlton D. Callenbach, Ryan C. Fowler, Kansas City, MO, on the brief), for appellee, American Intern. Specialty Lines Ins. Co.

Before LOKEN, Chief Judge, BEAM and BYE, Circuit Judges.

LOKEN, Chief Judge.

This diversity action raises an insurance coverage issue of first impression: whether class actions filed against nationwide tax preparer H & R Block ("Block") asserting a variety of statutory and common law claims arising out of Block's Refund Anticipation Loan ("RAL") program are excluded from "prior acts" coverage under professional liability "claims made" insurance policies because other class actions asserting similar claims were filed...

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