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TOPP'S MECHANICAL, INC. v. KINSALE INSURANCE CO.

No. 19-1991.

968 F.3d 854 (2020)

TOPP'S MECHANICAL, INC., a Nebraska Corporation, Plaintiff-Appellant v. KINSALE INSURANCE COMPANY, an Arkansas Insurance Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Justin D. Eichmann , of Omaha, NE. The following attorney(s) appeared on the appellant brief; David Houghton , of Omaha, NE.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Sina Bahadoran , Junaid N. Savani , Clyde & Co. US LLP, of Miami, FL. The following attorney appeared on the appellee brief; Michael L. Moran , Engles, Ketcham, Olsen & Keith, of Omaha, NE.

Before COLLOTON and BENTON, Circuit Judges, and WILLIAMS, District Judge.

Topp's Mechanical, Inc. (TMI) bought a liability insurance policy from Kinsale Insurance Company. The policy excluded a "pollution incident" unless properly reported by TMI. After a pollution incident, Kinsale disclaimed coverage. TMI sued for breach of the policy. The district court2 granted Kinsale...

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