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141882P.pdf   05/21/2015  Zup's of Babbitt-Aurora, Inc.  v.  West Bend Mutual Insurance Co.
   U.S. Court of Appeals Case No:  14-1882
                          and No:  14-1950
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Gruender, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Insurer. In an action to determine which insurer was responsible for the insured's lost income following a fire which destroyed its store and adjacent shopping mall, applying either the "closeness to the risk" test or the "total policy insuring intent" test, Security National's coverage of lost income from the supermarket was the primary coverage and West Bend only had liability if Security National's coverage was exhausted; since it is undisputed that Security's coverage was not exhausted, Security was responsible for the insure's lost supermarket income.