Facility Insurance v. Employers Insurance

CLEMENT, Circuit Judge:

This case is a breach of contract dispute in which Facility Insurance Company (“FIC”) seeks to recover monies that it, and its predecessors, paid to Employers Insurance of Wausau (“Wausau”). Wau-sau argues that FIC is not suing on an open account, so the statute of limitations bars FIC’s contract claim. In the alternative, Wausau argues that the disputed contract provision unambiguously establishes that Wausau complied with the contract. We reject both arguments, and accordingly affirm the district court’s ruling.

FACTS AND PROCEEDINGS

FIC is the successor in interest to…