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MERRIAM v. NAT'L FIRE INS. CO., PITTSBURGH, PENN.

No. 08-3547.

572 F.3d 579 (2009)

Timothy MERRIAM; Justine Merriam, individually and as next best friend of C. Merriam, K. Merriam and C. Merriam, minor children, Plaintiffs-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a corporation, Defendant-Appellee, Gallagher Transportation Services, a division of Arthur J. Gallagher and Company-Kansas City, a corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2009.

Attorney(s) appearing for the Case

Marc A. Humphrey, Urbandle, IA, Alan O. Olson, Des Moines, IA, on the brief, for appellant.

Daniel F. Church, Kansas City, KS, Rachel E. Rolf, Roeland Park, KS, on the brief, for appellee.

Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

Timothy Merriam, joined by his wife and children, brought this diversity action against National Union Fire Insurance Company (National Union) and Gallagher Transportation Services (Gallagher) seeking damages for the denial of insurance benefits. Merriam asserted three claims: (1) breach of contract, (2) bad faith denial of insurance benefits, and (3) frustration of reasonable expectations. The district court granted summary judgment to National...

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