Busch Properties, Inc. v. National Union Fire Insurance

SMITH, Circuit Judge.

Busch Properties, Inc. (“Busch”) sued National Union Fire Insurance Company (“National Union”) after National Union denied coverage for Busch’s expenditures to remediate mold in the Kingsmill Resort condominium complex that it managed. National Union denied coverage because it concluded that Busch had not become legally obligated to make the repairs. This case requires us to determine, under Missouri law, whether National Union could lawfully deny coverage under the policies that provide coverage if Busch “become[s] legally obligated to pay as damages for liability…