Simmons Foods, Inc. v. Industrial Risk Insurers

RILEY, Chief Judge.

In 2011, Simmons Foods, Inc., made a claim under two property insurance policies it had with Industrial Risk Insurers and Ironshore Specialty Insurance Compa ny (collectively, the insurers). 2 The insurers denied a portion of the claim that related to one of Simmons’s damaged properties in Oklahoma, which eventually resulted in Simmons filing suit in Arkansas where Simmons is headquartered. The insurers moved to dismiss the action based on policy provisions requiring any action be brought within one year of the date of loss, a window that had closed some time earlier. The…