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HALLMARK SPECIALTY INS. v. PHOENIX C & D RECYCLING

No. 20-1339.

999 F.3d 563 (2021)

HALLMARK SPECIALTY INSURANCE COMPANY, Plaintiff-Appellee v. PHOENIX C & D RECYCLING, INC., Defendant-Appellant. R & A Properties, Inc., Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 1, 2021.

Attorney(s) appearing for the Case

Stephen V. Kovarik , Rebecca R. Weinreich , Angela Aggie Zanin , Lewis & Brisbois, Los Angeles, CA, Matthew A. McGuire , Michael William Thrall , Nyemaster & Goode, Des Moines, IA, Seth Ian Weinstein , Lewis & Brisbois, New York, NY, for Plaintiff-Appellee.

Jordan Ryan Hutchinson , Michael Shelby Jones , Patterson Law Firm, Des Moines, IA, for Defendant-Appellant Phoenix C & D Recycling, Inc.

Before COLLOTON, WOLLMAN, and SHEPHERD, Circuit Judges.

Phoenix C & D Recycling, Inc. and its property owner, R & A Properties, Inc., (collectively, Phoenix) operate a trash recycling plant in Des Moines, Iowa. In July 2017, a fire began from a pile of biofuel material located on Phoenix's property. Hallmark Specialty Insurance Co. (Hallmark), Phoenix's insurer, made...

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