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WESTCHESTER SURPLUS v. INTERSTATE UNDERGROUND

No. 18-3448.

946 F.3d 1008 (2020)

WESTCHESTER SURPLUS LINES INSURANCE COMPANY; Amlin Corporate Member, Ltd.; ACE Capital Limited; Catlin Syndicate Limited; ACE Capital V Limited, Plaintiffs-Appellees, v. INTERSTATE UNDERGROUND WAREHOUSE & STORAGE, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 3, 2020.

Attorney(s) appearing for the Case

Jennifer Jean Artman , Chad Beashore , Shook & Hardy, Kansas City, MO, Matthew Peter Fortin , Thomas B. Orlando , Matthew Scott Ponzi , Foran & Glennon, Chicago, IL, for Plaintiffs-Appellees.

Paul Lindsey Fields, Jr. , Ann T. Kirk , Fields & Howell, Atlanta, GA, for Plaintiffs-Appellees.

Suzanne Elizabeth Billam , Baker & Sterchi, Kansas City, MO, for Defendant-Appellant.

Before LOKEN, COLLOTON, and KOBES, Circuit Judges.

Interstate Underground Warehouse & Storage operates an underground storage facility in a cave that formerly housed a limestone mine near Kansas City. In 2014, Interstate experienced a series of so-called "dome-outs," in which layers of rock destabilized, detached, and collapsed from above into the cave.

Interstate...

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