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082699P.pdf 07/01/2009 MI Millers Mutual Ins. Co. v. DG&G Company, Inc.
U.S. Court of Appeals Case No: 08-2699
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Loken, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Insurance. The cotton in question suffered damage at
defendant's gin when excessive moisture was added, rendering the cotton
unmerchantable; since the cotton was in defendant's custody, control and
care at the time of the property-damaging occurrence, the control and care
exclusion in the insurance policy issued by plaintiff applied; nor was the
damage covered by defendant's agribusiness policy as coverage was
excluded under the "defects, errors and omissions" exclusion.