Simmons Foods, Inc. v. Industrial Risk Insurers et al

Filing 238

JUDGMENT in favor of Simmons Foods, Inc. against Industrial Risk Insurers, Ironshore Specialty Insurance Company, Swiss Reinsurance America Corporation, Westport Insurance Corporation in the amount of $2,817,380.11 with costs in the amount of $16,154.26. ***Civil Case Terminated. Signed by Honorable Timothy L. Brooks on January 21, 2016. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
PLAINTIFF

SIMMONS FOODS, INC.

v.

CASE NO. 5:13-CV-05204

INDUSTRIAL RISK INSURERS, AN
UNINCORPORATED FOR PROFIT
ASSOCIATION; SWISS REINSURANCE
AMERICA CORPORATION; WESTPORT
INSURANCE COMPANY; and IRONSHORE
SPECIALTY INSURANCE COMPANY

DEFENDANTS

JUDGMENT

In consideration of the jury's verdict issued on October 27, 2015 , the Court hereby
ORDERS AND ADJUDGES that Defendants Industrial Risk Insurers, Swiss Reinsurance

America Corporation , Westport Insurance Company, and lronshore Specialty Insurance
Company are liable to Plaintiff Simmons Foods , Inc. for breach of contract, and Simmons
is entitled to damages as a result of the breach in the net sum of $2,817 ,380.11. 1
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to the reasoning set

forth by the Court in a Memorandum Opinion and Order issued this day, Simmons is
awarded its costs in the amount of $16, 154.26.
IT IS FURTHER ORDERED AND ADJUDGED that prejudgment interest accruing

at a rate of 6% per annum , from August 16, 2012 , until today's date, is due and owing to
Simmons.

1

This net sum was calculated by subtracting two credits , $1 ,170,482.54 and
$2,708 ,615.45, that the parties stipulated were to be deducted from the jury's finding of
total replacement costs in the gross sum of $6 ,696 ,478 .10.
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IT IS FURTHER ORDERED AND ADJUDGED that postjudgment interest shall
accrue in the manner set forth at 28 U.S.C. § 1961 , from today's date until paid in ful l.
IT IS SO ORDERED this

JI !~ay

of January, 2016 .

L.
OOKS
ATES DISTRICT JUDGE

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