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PHILADELPHIA INDEMNITY INS. v. BAS HOLDING CORP.

No. 22-1296.

78 F.4th 53 (2023)

PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff, Appellee, v. BAS HOLDING CORPORATION, Defendant, Appellant, Brockton Agricultural Society, Defendant.

United States Court of Appeals, First Circuit.

August 17, 2023.

Attorney(s) appearing for the Case

Christopher M. Reilly , with whom Sloane & Walsh, LLP was on brief, for appellant BAS Holding Corporation.

Alexander G. Henlin , with whom Kevin C. Cain , David W. Zizik , and Sulloway & Hollis, P.L.L.C were on brief, for appellee Philadelphia Indemnity Insurance Company.

Before Barron, Chief Judge, Lipez and Howard, Circuit Judges.

In March 2021, an arsonist destroyed a building on the Brockton Fair fairgrounds known as the "State Building," owned by BAS Holding Corporation ("BAS") and, according to BAS, insured against loss by Philadelphia Indemnity Insurance Company ("Philadelphia"). Questioning whether the policy did in fact cover the State Building...

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