United States Eighth Circuit

In an insurance dispute involving coverage for settlement of an underlying suit for damages stemming from an audit, a ruling as to estoppel is affirmed, but otherwise rulings are reversed where: 1) an insurer was under no statutory duty to provide an accounting firm with a notice of termination, and thus, a conclusion that parties could base their breach of contract claim on a violation of a state law was error; 2) the district court erred in holding that a state insurance rule was incorporated into an insurance policy; and 3) the district court erred in granting a party's summary judgment motion.

Appellate Information

• Decided 07/21/2006
• Published 07/21/2006

Judges

• ARNOLD, Circuit Judge., Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• D. Keith Fortner, argued, Little Rock, AR, for appellant., Stephen Louis Gershner, argued, Little Rock, AR, for ESI Group.


• For Appellees:
  
• Steven T. Shults, argued, Little Rock, AR, for appellee Design Professionals.