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EMPLOYERS REINSURANCE CO. v. MASS. MUT. LIFE INS.

No. 10-3099.

654 F.3d 782 (2011)

EMPLOYERS REINSURANCE COMPANY, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 7, 2011.

Attorney(s) appearing for the Case

Bruce Baty , argued, Jodi M. Hoss , Adam T. Pankratz , on the brief, Kansas City, MO, for appellant.

James R. Carroll , argued, Boston, MA, David S. Clancy , Alisha Q. Nanda , Boston, MA, James R. Jarrow , Kansas City, MO, on the brief, for appellee.

Before BYE and MELLOY, Circuit Judges, and ERICKSEN, District Judge.

ERICKSEN, District Judge.

The primary issue in this appeal is whether a reinsurance agreement between Employers Reinsurance Company ("ERC") and Massachusetts Mutual Life Insurance Company ("Mass Mutual") contains a follow-the-settlements provision. Granting partial summary judgment in Mass Mutual's favor, the district court2 concluded that it does. The district court also concluded that ERC had breached the agreement by offsetting disputed...

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