Legal Opinion

Smith Flooring, Inc. v. Pennsylvania Lumbermens Mutual Insurance

Court of Appeals for the Eighth Circuit

Decided April 26, 2013No. 12-1786PublishedCited by 19 opinions

1Opinion of the Court

SMITH, Circuit Judge.

Smith Flooring, Inc. (“Smith Flooring”) obtained commercial property insurance coverage from Pennsylvania Lumbermens Mutual Insurance Company (“Pennsylvania Lumbermens”) from 2004 to 2009. Each year, Pennsylvania Lumbermens issued Smith Flooring a new annual policy with endorsements that excluded certain property from coverage. An endorsement excluding certain buildings from coverage was omitted from the 2007-08 policy and again from the 2008-09 policy. One of those buildings, known as the Pine Warehouse, subsequently collapsed, and Smith Flooring submitted a claim for…

2Cases cited17 opinions

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  3. Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
  4. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  5. Keveney v. Missouri Military AcademySupreme Court of Missouri · 2010

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3Cited by19 opinions

  1. Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc.Court of Appeals for the Eighth Circuit · 2018
  2. Chavis Van & Storage of Myrtle Beach, Inc. v. United Van Lines, LLCCourt of Appeals for the Eighth Circuit · 2015
  3. United States v. STABL, Inc.Court of Appeals for the Eighth Circuit · 2015
  4. HM Compounding Servs., LLC v. Express Scripts, Inc.District Court, E.D. Missouri · 2018
  5. Kaplan v. Comm'rUnited States Tax Court · 2014

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