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)

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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. -1- IT IS FURTHER ORDERED AND ADJUDGED that postjudgment interest shall accrue in the manner set forth at 28 U.S.C. ยง 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 -2-

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