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PENFORD CORP. v. NATIONAL UNION FIRE INS. CO.

No. 10-3068.

662 F.3d 497 (2011)

PENFORD CORPORATION; Penford Products Company, Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; Ace American Insurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 29, 2011.

Rehearing Denied December 19, 2011.

Attorney(s) appearing for the Case

Thomas More Reiter , argued, Pittsburgh, PA, Stephen John Holtman , Cedar Rapids, IA, Paul C. Fuener, Jr. , Douglas James Simmons , Pittsburgh, PA, on the brief, for appellant.

David Edward Bland , argued, Minneapolis, MN, Matthew Scott Ponzi , Thomas B. Orlando , Richard Allen Buchanan , on the brief, Chicago, IL, for appellee.

Before WOLLMAN, GILMAN, and MELLOY, Circuit Judges.

WOLLMAN, Circuit Judge.

A severe flood struck Cedar Rapids, Iowa, in 2008, damaging many of its businesses, including a manufacturing facility owned and operated by Penford Corporation (Penford). Penford submitted claims to its insurers, National Union Fire Insurance Company (National Union) and ACE American Insurance Company (ACE) (collectively, insurers), and a coverage dispute ensued. The insurers asserted that certain sublimits in the policy capped reimbursement...

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