R.A.D. SERVICES v. STATE FARM FIRE & CASUALTY CO.

No. 21-3263, No. 21-3264.

60 F.4th 408 (2023)

R.A.D. SERVICES LLC, a Nebraska limited liability company, Assignee; Brokram, Inc., Elite Exteriors, a Nebraska Corporation Assignee, doing business as Elite Exteriors, Plaintiffs-Appellants v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellee. Millard Gutter Company, a Corporation, doing business as Millard Roofing and Gutter, Plaintiff-Appellant v. State Farm Fire & Casualty Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants R.A.D. Services LLC, Brokram, Inc., and Millard Gutter Company and appeared on the brief was Theodore R. Boecker, Jr. , of Omaha, NE.

Counsel who presented argument on behalf of the appellee State Farm Fire & Casualty Company was James Gaughan , of Chicago, IL. The following attorney also appeared on the appellee brief; Rex A. Rezac , of Omaha, NE.

Before BENTON, KELLY, and ERICKSON, Circuit Judges.


Several homeowners hired contractors to repair damage to their homes. The homeowners assigned to the contractors their rights under their insurance policies with State Farm & Casualty Co. State Farm refused to pay. The contractors sued. State Farm moved for summary judgment, arguing the assignments were invalid under Nebraska law. The district...

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