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WEITZ CO., LLC v. LLOYD'S OF LONDON

No. 08-2835.

574 F.3d 885 (2009)

The WEITZ COMPANY, LLC, Appellant, v. LLOYD'S OF LONDON, also known as Underwriters at Lloyd's; Lexington Insurance Company; Continental Casualty Company, also known as CNA; United States Fire Insurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2009.

Attorney(s) appearing for the Case

David Titus Dekker, argued, Washington, DC, Melissa C. Lesmes, Washington, DC, John Alfred Templer, Jr., Stephen D. Marso, West Des Moines, IA, on the brief, for appellant.

Kimbley A. Kearney, argued, Edward Kay, James Holey, and James R. Swineheart, on the brief, Chicago, IL, for appellee.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

The Weitz Company ("Weitz"), an Iowa limited liability company, filed this diversity action for breach of contract and bad-faith denial of an insurance claim against Lloyd's of London, Lexington Insurance Company, Continental Casualty Company, and United States Fire Insurance Company (the "Insurers"). The district court granted summary judgment for the Insurers and dismissed Weitz's claims, holding that Weitz failed to provide timely notice...

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