Food Market Merchandising v. Scottsdale Indemnity, No. 16-3427 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit against Scottsdale for coverage under a Business and Management Indemnity Policy. The Eighth Circuit affirmed the district court's grant of summary judgment to Scottsdale, holding that Food Market presented no evidence providing notice over seven months was "as soon as practicable." Where, as here, notice is a condition precedent to coverage, a showing of prejudice was not required. Finally, the district court properly found the policy unambiguous; Scottsdale expressly relied on the notice provision when denying coverage; and there was no waiver.
Court Description: Benton, Author, with Loken and Murphy, Circuit Judges] Civil Case - diversity. Where notice of claim is required "as soon as practicable, but in no event later that sixty days after the end of the Policy Period," the district court's determination that no reasonable factfinder could conclude that seven months notice was "as soon as practicable" is affirmed. Because notice is a condition precedent to coverage, a showing of prejudice is not required. The district court properly found the term "as soon as practicable" to be unambiguous, and properly concluded there was no waiver. [ May 24, 2017
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