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GEORGE K. BAUM & CO. v. TWIN CITY FIRE INS. CO.

Nos. 12-3982, 12-3983.

760 F.3d 795 (2014)

GEORGE K. BAUM & COMPANY, a Missouri corporation, Plaintiff-Appellee v. TWIN CITY FIRE INSURANCE COMPANY, an Indiana insurance company, Defendant-Appellant. George K. Baum & Company, a Missouri corporation, Plaintiff-Appellant v. Twin City Fire Insurance Company, an Indiana insurance company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2014.

Attorney(s) appearing for the Case

Charles Lemley , argued, Washington, DC, ( Daniel J. Standish , Washington, DC, Michael C. Kirkham , Maureen M. Brady , Overland Park, KS, on the brief), for Defendant-Appellant.

Terence J. Thum , argued, Kansas City, MO, ( Perry Brandt , Kansas City, MO, on the brief), for Plaintiff-Appellee.

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

RILEY, Chief Judge.

George K. Baum & Company (Baum) sold or underwrote various municipal bonds, representing the interest on the bonds was tax exempt. The IRS later determined the bonds were not tax exempt. Baum timely notified its insurer, Twin City Fire Insurance Company (Twin City), of the potential for related civil liability, and Twin City agreed the IRS investigation was a claim under the policy. Years later, several...

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