ZUP'S OF BABBITT-AURORA v. WEST BEND MUT. INS. CO.

Nos. 14-1882, 14-1950.

786 F.3d 1078 (2015)

ZUP's OF BABBITT-AURORA, INC.; Security National Insurance Co., Inc., Plaintiffs-Appellants v. WEST BEND MUTUAL INSURANCE COMPANY, INC., Defendant-Appellee. Zup's of Babbitt-Aurora, Inc.; Security National Insurance Co., Inc., Plaintiffs-Appellees v. West Bend Mutual Insurance Company, Inc., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 21, 2015.


Attorney(s) appearing for the Case

Jeffrey W. Gunn , argued, Chicago, IL ( David C. Linder , Saint Paul, MN, on the brief), for Plaintiffs-Appellants/Plaintiffs-Appellees.

Kevin James Kennedy , argued ( Forrest G. Hopper , on the brief), Oakdale, MN, for Defendant-Appellee/Defendant-Appellant.

Before GRUENDER, SHEPHERD, and KELLY, Circuit Judges.


This is a suit to determine how two insurers should pay for the income lost when a supermarket burned down. On cross-motions for summary judgment, the district court1 determined that Security National Insurance Co., Inc. ("Security National") was liable and West Bend Mutual Insurance Company...

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