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SIMMONS FOODS, INC. v. INDUS. RISK INSURERS

No. 15-3755, No. 15-3845.

863 F.3d 792 (2017)

SIMMONS FOODS, INC., Plaintiff-Appellee v. INDUSTRIAL RISK INSURERS, an Unincorporated for Profit Association; Swiss Reinsurance America Corporation; Westport Insurance Corporation; Ironshore Specialty Insurance Company, Defendants-Appellants. Simmons Foods, Inc., Plaintiff-Appellant v. Industrial Risk Insurers, an Unincorporated for Profit Association; Swiss Reinsurance America Corporation; Westport Insurance Corporation; Ironshore Specialty Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross-appellees was Joseph H. Lang, Jr. , of Tampa, FL. The following attorney(s) also appeared on the brief; Marshall S. Ney and Angela C. Artherton , of Rogers, AR, Edie R Ervin of Little Rock, AR, James V. Chin and Jane Warring , of Atlanta, GA, and Nicholas A. Brown of Tampa, FL.

Counsel who presented argument on behalf of the appellee/cross-appellant was John L. Elrod of Fayetteville, AR. The following attorney(s) also appeared on the brief; Todd P. Lewis , Vicki D. Bronson , and Kerri E. Kobbeman , of Fayetteville, AR.

Before RILEY, Chief Judge, LOKEN and BENTON, Circuit Judges.

In 2011, Simmons Foods, Inc., made a claim under two property insurance policies it had with Industrial Risk Insurers and Ironshore Specialty Insurance Company (collectively, the insurers).2 The insurers denied a portion of the claim that related to one of...

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