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Continental Insurance Co. v. Atlantic Casualty Insurance Co.

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Argued: March 5, 2010

Before: LIVINGSTON AND LYNCH, Circuit Judges.*fn1

In 2004, employees of Wodraska Brothers, Inc. (“Wodraska”), a roofing contractor, inadvertently started a fire while installing a new roof on a house. A week later, Continental Insurance Co. (“Continental”), which insured the residence, paid the homeowners approximately $640,000 for the damage. Five months after the fire, Wodraska sent a claim to its liability insurer, Atlantic Casualty Insurance Co. (“Atlantic”), and two days later, Continental sent Atlantic a separate notice of claim. Atlantic denied both claims.

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