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AGCS MARINE INS. CO. v. ARLINGTON COUNTY

Record No. 160221.

800 S.E.2d 159 (2017)

AGCS MARINE INSURANCE COMPANY, a/k/a Allianz Global Corporate & Specialty, a/s/o Harris Teeter, et al. v. ARLINGTON COUNTY.

Supreme Court of Virginia.

June 15, 2017.

Attorney(s) appearing for the Case

Paul R. Bartolacci ( Thomas J. Ingalls ; Mark E. Opalisky ; Cozen O'Connor , on briefs), for appellants.

Ara L. Tramblian , Deputy County Attorney ( Susan D. Stout , Assistant County Attorney, on brief), for appellee.

Amici Curiae: Local Government Attorneys of Virginia, Inc., Virginia Municipal League, and Virginia Association of Counties ( Sharon E. Pandak , Chantilly; Zachary C. Packard ; Greehan, Taves & Pandak, on brief), in support of appellee.

PRESENT: All the Justices.

Two insurers paid claims for property damage to a Harris Teeter grocery store arising from the malfunctioning of a county sewer line. Exercising their subrogation rights, the insurers filed an inverse condemnation suit against Arlington County on the theory that the sewer backup constituted a taking and/or damaging...

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