Monday, May 2, 2016

National Surety Corporation v. Dustex Corporation

<> National Surety Corporation v. Dustex Corporation - 4/29/16. In the U.S. Court of Appeals Case, Eighth Circuit, Case Nos: 15-2096 & 15-2328. This is an insurance-coverage dispute that began with an arbitration proceeding, expanded to state court, and eventually made its way to federal court. The district court concluded that Dustex failed to establish the affirmative defense of estoppel. On appeal, Dustex raised two arguments: (1) the district court erred by applying Iowa law rather than Georgia law to the estoppel claim, and (2) the district court erred in finding that Dustex failed to establish its affirmative defense of estoppel. The Appeals Court affirmed the district court opinion.