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KINSALE INS. CO. v. JDBC HOLDINGS, INC.

No. 21-1754.

31 F.4th 870 (2022)

KINSALE INSURANCE COMPANY, Plaintiff-Appellant, v. JDBC HOLDINGS, INC., d/b/a The CBD Factories, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2022.

Attorney(s) appearing for the Case

ARGUED: Jack Roy Reiter , GRAYROBINSON, P.A., Miami, Florida, for Appellant. Stuart A. McMillan , BOWLES RICE, LLP, Charleston, West Virginia, for Appellee. ON BRIEF: Jonathan L. Gaines , GRAYROBINSON, P.A., Miami, Florida, for Appellant. J. Tyler, Mayhew , Martinsburg, West Virginia, Patrick C. Timony , BOWLES RICE, LLP, Charleston, West Virginia, for Appellee.

Dismissed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge King joined. Judge Heytens wrote an opinion concurring in part and in the judgment.

On October 31, 2019, a fire erupted at a cannabidiol ("CBD") oil extraction factory in West Virginia, leased and operated by JDBC Holdings, Inc, d/b/a The CBD Factories ("JDBC"). On the following day, JDBC filed a claim for insurance coverage with Kinsale Insurance Company ("Kinsale"). On January 13, 2020, and without notifying...

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