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MOORE v. AMERICAN FAMILY MUT. INS. CO.

No. 08-3238.

576 F.3d 781 (2009)

Timothy MOORE; Sylvia Moore, Appellees, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2009.

Attorney(s) appearing for the Case

Robert B. Stock, argued, Carlton J. Hunke, on the brief, Fargo, ND, for Appllant.

Richard A. Clapp, argued, Sarah S. Barron, on the brief, Grand Forks, ND, for Appellee.

Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges.

ARNOLD, Circuit Judge.

Timothy Moore bought an unoccupied duplex located in a flood plain from Walsh County, North Dakota, on condition that it be moved by a date certain, and American Family Insurance Company insured the property for $50,000. After a fire destroyed the building about five weeks before the deadline for moving it had expired, American Family denied Mr. Moore's insurance claim on the ground that the fire was a result of arson for which Mr. Moore was...

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