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032564P.pdf 06/04/2004 Transcontinetal Ins. v. W. G. Samuels Co.
U.S. Court of Appeals Case No: 03-2564
Western District of Missouri
Civil case - Insurance law. In case where carpet installed by defendant
during the period covered by the commercial general liability policy
issued by Transcontinental failed after the policy was no longer in effect,
the property damage suffered by defendant's customer did not occur
during the relevant time period, and Transcontinental had no duty to
defend or indemnify; for purposes of Kansas law, which governs the
dispute, the actual injury to the customer occurred when the carpet came
unattached from the floor in 2000 and not during the time of installation
in 1996.
[PUBLISHED] [Colloton, Author, with Bye and Smith, Circuit Judges]