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OLYMPUS INS. CO. v. AON BENFIELD, INC.

No. 12-1974.

711 F.3d 894 (2013)

OLYMPUS INSURANCE COMPANY, Plaintiff-Appellant v. AON BENFIELD, INC.; Benfield, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 1, 2013.

Attorney(s) appearing for the Case

Terence J. Devine , Albany, NY, William Lawrence Davidson and Thomas D. Jensen , Minneapolis, MN, for appellant.

Timothy E. Branson and David Youngert Trevor , Minneapolis, MN, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Olympus Insurance Company ("Olympus") appeals the district court's1 dismissal of its complaint for failure to state a claim. See Fed.R.Civ.P. 12(b)(6). Olympus argues that the district court erred in determining that its contract with Benfield, Incorporated ("Benfield") clearly and unambiguously provided that Benfield did not owe Olympus an annual fee after Benfield was notified of Olympus's decision to...

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