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SMITH FLOORING v. PENNSYLVANIA LUMBERMENS MUT.

No. 12-1786.

713 F.3d 933 (2013)

SMITH FLOORING, INC., Plaintiff-Appellant, v. PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 26, 2013.

Attorney(s) appearing for the Case

Phillip C. Graham, argued, Carl John Geraci, on the brief, Saint Louis, MO, for Appellant.

Christopher P. Leritz, argued, Joseph L. Leritz, on the brief, Saint Louis, MO, for Appellee.

Before SMITH, BEAM, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

Smith Flooring, Inc. ("Smith Flooring") obtained commercial property insurance coverage from Pennsylvania Lumbermens Mutual Insurance Company ("Pennsylvania Lumbermens") from 2004 to 2009. Each year, Pennsylvania Lumbermens issued Smith Flooring a new annual policy with endorsements that excluded certain property from coverage. An endorsement excluding certain buildings from coverage was omitted from the 2007-08 policy and again from the 2008...

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