101929P.pdf   11/03/2011  KAAPA Ethanol, LLC  v.  Affiliated FM Ins. Co.
   U.S. Court of Appeals Case No:  10-1929
                          and No:  10-2071
   U.S. District Court for the District of Nebraska - North Platte   
   [PUBLISHED] [Loken, Author, Beam and Gruender, Circuit Judges]
   Civil case - Insurance. By failing to object to a portion of the pertinent
   instruction, Affiliated forfeited its argument on appeal that the policy in
   question did not provide "collapse coverage;" district court did not err in
   submitting to the jury the fact-intensive determination of the extent to
   which collapse, rather than faulty workmanship, was the efficient
   proximate cause of plaintiff's extensive losses; however, a new trial is
   required as the district court erred in instructing the jury as to when a
   collapse had occurred under Nebraska law.