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BOARDWALK APTS. v. STATE AUTO PROP. & CAS. INS.

No. 15-3070.

816 F.3d 1284 (2016)

BOARDWALK APARTMENTS, L.C., Plaintiff Counter Defendant-Appellee, v. STATE AUTO PROPERTY AND CASUALTY INSURANCE CO., Defendant Counterclaimant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 14, 2016.

Attorney(s) appearing for the Case

Matthew Jon Smith , Smith Rolfes & Skavdahl, Cincinnati, OH, for Defendant Counterclaimant-Appellant.

Mark G. Arnold , Husch Blackwell LLP, St. Louis, MO ( William A. Lynch , Kirsten A. Byrd , and Stacey M. Bowman , Husch Blackwell, LLP, Kansas City, KS, with him on the brief), for Plaintiff Counter Defendant-Appellee.

Before GORSUCH, EBEL, and BACHARACH, Circuit Judges.

Boardwalk Apartments, L.C. sued State Auto Property and Casualty Insurance Co. for breach of an insurance policy, contending that State Auto had underpaid on the policy after one of Boardwalk's eight apartment buildings (Building 1) was destroyed in a fire.1 In district court, State

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