PALMER PARK SQUARE, LLC v. SCOTTSDALE INS. CO.

No. 17-1158.

878 F.3d 530 (2017)

PALMER PARK SQUARE, LLC, Plaintiff-Appellant, v. SCOTTSDALE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 22, 2017.


Attorney(s) appearing for the Case

ARGUED: Donald M. Fulkerson , Westland, Michigan, for Appellant. Hans H.J. Pijls , DINSMORE & SHOHL, LLP, Ann Arbor, Michigan, for Appellee. ON BRIEF: Donald M. Fulkerson , Westland, Michigan, Patrick A. King , FABIAN, SKLAR & KING, P.C., Farmington Hills, Michigan, for Appellant. Hans H.J. Pijls , Julia T. Stuebing , DINSMORE & SHOHL, LLP, Ann Arbor, Michigan, for Appellee.

Before: GILMAN, SUTTON, and STRANCH, Circuit Judges.


OPINION

Over four years after Palmer Park Square, LLC incurred an insured loss, it brought a claim against Scottsdale Insurance Company for "penalty interest" allegedly due on the untimely payment of the loss by Scottsdale. The district court held that the penalty-interest claim arose "under the policy...

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