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

No. 10-1100.

627 F.3d 1087 (2010)

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.

Attorney(s) appearing for the Case

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

Richard Charles Mason , argued, Philadelphia, PA, Scott James Lancaster , Maumelle, AR, and Charles Joseph Jesuit, Jr. , Philadelphia, PA, on the brief, for appellee ACE American Insurance.

Ellen Van Meir , argued, Mariah Baker Quiroz , on the brief, Dallas, TX, for appellee National Union Fire Insurance.

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...

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