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BUSCH PROPERTIES v. NATIONAL UNION FIRE INS. CO.

No. 14-3699.

815 F.3d 1123 (2016)

BUSCH PROPERTIES, INC., Plaintiff-Appellant v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 24, 2016.

Amended March 9, 2016.

Rehearing and Rehearing En Banc Denied March 30, 2016.

Attorney(s) appearing for the Case

James F. Bennett , argued, Jennifer L. Aspinall and Caitlin E. O'Connell , on the brief, Saint Louis, MO, for Plaintiff-Appellant.

Agelo L. Reppas , Chicago, IL, ( John W. Patton, Jr. , and Paul D. Motz , Chicago, IL, Paul Smolinsky, Washington, DC, on the brief), for Defendant-Appellee.

Before MURPHY, MELLOY, and SMITH, Circuit Judges.

Busch Properties, Inc. ("Busch") sued National Union Fire Insurance Company ("National Union") after National Union denied coverage for Busch's expenditures to remediate mold in the Kingsmill Resort condominium complex that it managed. National Union denied coverage because it concluded that Busch had not become legally obligated...

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