3M CO v. NAT UNION FIRE INS CO OF PITTSBURGH, PA

No. 15-3495.

858 F.3d 561 (2017)

3M COMPANY, a Delaware corporation; 3M Employees Welfare Benefits Associates, a Minnesota corporation; Employee Retirement Income Plan of Minnesota Mining and Manufacturing Company, a citizen of New York, Plaintiffs-Appellants v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation; Great American Insurance Company, an Ohio corporation; St. Paul Fire & Marine Insurance Company, a Connecticut corporation; Federal Insurance Company, a New Jersey corporation; Zurich American Insurance Company, a New York corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 31, 2017.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was James R. Murray , of Washington, DC. The following attorney(s) also appeared on the appellant brief; Christopher Yetka , Thomas C. Mielenhausen , and Thomas A. Boardman , of Minneapolis, MN, Ann Marie Hanrahan , of Saint Paul, MN., and Jared Zola and Omid Safa , of Washington, DC.

Counsel who presented argument on behalf of the appellees was David P. Pearson , of Minneapolis, MN. The following attorney(s) also appeared on the appellees' joint brief; Thomas H. Boyd , Brent A. Lorentz , and Reid Golden , of Minneapolis, MN, for Appellee National Union Fire Insurance Company of Pittsburgh, PA. — Joel T. Wiegert , of Minneapolis, MN, for Appellee St. Paul Fire & Marine Insurance Company. — Eric J. Magnuson , Richard B. Allyn , and Lisa L. Beane , of Minneapolis, MN, and Jeanne H. Unger , of Minneapolis, MN, for Appellee Federal Insurance Co. — Peter G. Van Bergen and Robyn K. Johnson , of Minneapolis, MN, for Appellee Zurich American Insurance Company. — Arthur N. Lambert and M. Diane Duszak , of New York, NY, for Appellee St. Paul Fire & Marine Insurance Company. — Nicholas A. Dolejsi and Patricia St. Peter , of Minneapolis, MN, and Stephen N. Dratch and Martin L. Fenik , of Livingston, NJ, for Appellee Great American Insurance Company.

Before LOKEN, SMITH, and COLLOTON, Circuit Judges.


3M Company ("3M") incurred losses on a number of investments due to fraud perpetrated by its own investment advisors. 3M purchased a "Blanket Crime Policy" ("the Policy") issued by National Union Fire Insurance Company of Pittsburgh, PA, Great American Insurance Company, St. Paul Fire & Marine Insurance

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