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N.Y. MARINE AND GENERAL INS. v. CONTINENTAL CEMENT

No. 13-2313.

761 F.3d 830 (2014)

NEW YORK MARINE AND GENERAL INSURANCE COMPANY; Starr Indemnity & Liability Company Plaintiffs-Appellees v. CONTINENTAL CEMENT COMPANY, LLC; Summit Materials, LLC Defendants-Appellants Summit Materials, LLC; Continental Cement Company, LLC Counter Claimants-Appellants v. New York Marine and General Insurance Company; Starr Indemnity & Liability Company Counter Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2014.

Attorney(s) appearing for the Case

James K. Mondl , argued, Courtney C. Stirrat , Tonkin & Mondl, St. Louis, MO, for appellees.

Neal W. Settergren , argued, Alan K. Goldstein , Theresa M. Mohin , Goldstein & Price, St. Louis, MO, for appellants.

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

The Mark Twain, a cement barge owned by Continental Cement Company, LLC and Summit Materials, LLC (Continental Cement), sank in the Mississippi River at St. Louis on the morning of February 7, 2011. Insurers for the barge, Starr Indemnity & Liability Company and New York Marine & General Insurance Company (Starr Indemnity), investigated the sinking and declined coverage for both the loss of the hull and the expense of removing the barge...

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