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Brake Landscaping & Lawncare, Inc. v. Hawkeye-Security Ins. Co.

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Submitted: September 22, 2010

Before RILEY, Chief Judge, MELLOY and COLLOTON, Circuit Judges.

Brake Landscaping & Lawncare, Inc. (“Brake”) appeals from an adverse entry of summary judgment*fn1 in its action against Hawkeye-Security Insurance Company (“Hawkeye”) and The Midwestern Indemnity Company (“Midwestern”) arising out of the insurance companies’ denial of coverage under two insurance policies. Brake sought coverage for costs incurred in re-sodding and re-seeding sections of its customers’ lawns after an employee mistakenly sprayed them with non-selective herbicide, which killed the grass. The district court granted summary judgment in favor of Hawkeye and Midwestern. We affirm.

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