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183448P.pdf 01/03/2020 Westchester Surplus Lines Ins. v. Interstate Underground Warehse
U.S. Court of Appeals Case No: 18-3448
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Loken and Kobes, Circuit Judges]
Civil case - Insurance. The district court did not err in determining that
Interstate's losses in the collapse of limestone mine were not covered by
the insurance policy issued by Westchester; applying the meaning that
would be attached by an ordinary person of average understanding, the
rubble zone about the natural ceiling of the mine was not part of the
covered building; because the decay that caused the collapse occurred
within the rubble zone, it follows that collapse was not caused by
building decay as that term is used within the meaning of the policy.