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LEXICON, INC. v. ACE AMERICAN INS. CO.

No. 10-1100.

634 F.3d 423 (2011)

LEXICON, INC., Appellant, v. ACE AMERICAN INSURANCE COMPANY; National Union Fire Insurance Company of Pittsburgh, PA, Appellees. Associated General Contractors of America; Arkansas Chapter of Associated General Contractors of America, Amici on behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2010.

Amended Opinion Filed: February 14, 2011.

Attorney(s) appearing for the Case

Patrick J. Wielinski , argued and on the brief, Arlington, TX, John C. Calhoun, Jr. , on the brief, North Little Rock, AR, for appellant.

Richard Charles Mason , Philadelphia, PA, and Ellen Van Meir , Dallas, TX, argued and on the brief, Scott James Lancaster , Maumelle, AR, Charles Joseph Jesuit, Jr. , Philadelphia, PA, and Mariah Baker Quiroz , Dallas, TX, on the brief, for appellee.

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

RILEY, Chief Judge.

Lexicon, Inc. built a battery of silos for Nu-Iron Unlimited in the West Indies. Months after completion, one of the silos collapsed because of faulty welding by Lexicon's subcontractor, Damus Limited. The collapse caused millions of dollars in property damage. Lexicon sued ACE American Insurance Co. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania (collectively, the Insurers), alleging the Insurers are obligated under commercial...

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