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BUDDY BEAN LUMBER CO. v. AXIS SURPLUS INS. CO.

No. 12-3232.

715 F.3d 695 (2013)

BUDDY BEAN LUMBER COMPANY, Plaintiff-Appellant v. AXIS SURPLUS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2013.

Attorney(s) appearing for the Case

Matthew Tancred Horan , argued, Don A. Smith , on the brief, Fort Smith, AR, for appellant.

Carol M. Rooney , argued, William R. Lewis , on the brief, Tampa, FL, for appellee.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

After electrical wiring was stolen from its lumberyard, Buddy Bean Lumber Company (Buddy Bean) filed a claim with its insurer, Axis Surplus Insurance Company (Axis), to recover the actual cash value of the wire. Axis refused to pay the full claim, citing a coinsurance provision in the policy. Buddy Bean then brought this action seeking to recover under the policy. Both parties moved for judgment on the pleadings. The district court granted the...

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