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BRYAN BROS. INC. v. CONTINENTAL CAS. CO.

No. 10-1439.

660 F.3d 827 (2011)

BRYAN BROTHERS INCORPORATED, a Virginia corporation; Joseph Kober; Doris Lansing; Karl Schoeller; Mildred Schoeller, Plaintiffs-Appellants, v. CONTINENTAL CASUALTY COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 24, 2011.

Attorney(s) appearing for the Case

ARGUED: Collin Jefferson Hite , McGuirewoods, LLP, Richmond, Virginia, for Appellants. Richard A. Simpson , Wiley Rein, LLP, Washington, D.C., for Appellee. ON BRIEF: Kenneth W. Abrams , McGuirewoods, LLP, Richmond, Virginia, for Appellants. Charles C. Lemley , Kimberly A. Ashmore , Wiley Rein, LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge MOTZ and Judge BERGER concurred.

OPINION

WYNN, Circuit Judge:

In this appeal, accounting firm Bryan Brothers, Incorporated, seeks coverage under a professional liability insurance policy issued by Continental Casualty Company for liability arising from illegal acts of a former Bryan Brothers's employee. Under the policy, it is a condition precedent to coverage that no insured has knowledge, prior to the inception of the policy, of an act that is reasonably likely to become the basis for...

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