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COHEN-ESREY REAL ESTATE v. TWIN CITY FIRE INS. CO.

No. 10-3159.

636 F.3d 1300 (2011)

COHEN-ESREY REAL ESTATE SERVICES, INC., Plaintiff-Appellant, v. TWIN CITY FIRE INSURANCE COMPANY, Defendant-Appellee, and Hartford Fire Insurance Company, Defendant.

United States Court of Appeals, Tenth Circuit.

February 28, 2011.

Attorney(s) appearing for the Case

Leonard Rose ( Amy Loth Allen , with him on the briefs), Lathrop & Gage LLP, Kansas City, MO, for Plaintiff-Appellant.

William James Foland , Foland, Wickens, Eisfelder, Roper & Hofer, P.C., Kansas City, MO, for Defendant-Appellee.

Before MURPHY, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

Cohen-Esrey Real Estate Services, Inc. (Cohen-Esrey) appeals the district court's award of summary judgment to Twin City Fire Insurance, Inc. (Twin City). Cohen-Esrey's claims arose from Twin City's failure to indemnify it under a claims-made errors-and-omissions policy for liability caused by its employee, Brenda Phillips. The district court held that the policy precluded indemnification because on the policy-inception date Cohen-Esrey was aware...

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