Nautilus Insurance Company v. North Arkansas Wood, Inc., et al, No. 11-1151 (8th Cir. 2011)

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Court Description: Civil case - Insurance. Summary judgment order concluding Nautilus had no duty to defend third-party claims affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1151 ___________ Nautilus Insurance Company, Appellee, v. North Arkansas Wood, Inc.; Jo Ann Petray, Appellants, Deltic Timber Corporation, Defendant. * * * * Appeal from the United States * District Court for the Eastern * District of Arkansas. * * * [UNPUBLISHED] * * * * * ___________ Submitted: September 15, 2011 Filed: September 20, 2011 ___________ Before MURPHY, ARNOLD, and BENTON, Circuit Judges. ___________ PER CURIAM. In this diversity-based declaratory judgment action, North Arkansas Wood, Inc., and Jo Ann Petray appeal from the district court s1 adverse grant of summary judgment, in which the court concluded that Nautilus Insurance Company had no duty 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. to defend them with respect to third-party claims asserted in Arkansas state-court litigation. Upon de novo review of the summary judgment decision and the district court s interpretation of Arkansas law, see Pioneer Indus., Inc. v. Hartford Fire Ins. Co., 639 F.3d 461, 465 (8th Cir. 2011) (standards of review), we affirm for the reasons discussed in the district court s order. See 8th Cir. R. 47B. ______________________________ -2-

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