United States Eighth Circuit

In an subrogation action to recover stolen assets under an employee-theft insurance policy, district court's grant of summary judgment for defendant is reversed where the court erred in holding that plaintiff's claims were time barred as the bill of lading provision in the policy shortening the limitations period for overcharges does not apply to plaintiff's claims for recovery of amounts paid for employee theft claims.

Appellate Information

• Decided 04/15/2009
• Published 04/15/2009

Judges

• BEAM, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Don R. Sampen, argued, Chicago IL, Edward M. Kay and Joseph J. Ferrini, on the brief, for appellant.


• For Appellees:
  
• James M. Lockhart, argued, Minneapolis, MN, Christopher R. Grote, on the brief, for appellee.