153755P.pdf   07/11/2017  Simmons Foods, Inc.  v.  Industrial Risk Insurers
   U.S. Court of Appeals Case No:  15-3755
                          and No:  15-3845
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Riley, Author, with Loken and Benton, Circuit Judges] 
   Civil case - Insurance. Timeliness of suit is a procedural issue, and the 
   district court did not err in applying Arkansas law, which gives an 
   insured five years to sue, rather than the provisions of the insurance 
   policies which required suit to be initiated within 12 months after 
   inception of the loss; plaintiff's damages were not capable of exact 
   determination until the jury rendered its verdict and the district court 
   entered judgment and, as a a result, plaintiff was not entitled to 
   prejudgment interest under Arkansas law; because plaintiff did not recover 
   the statutory threshold of at least 80% of the amount it demanded in the 
   suit, it was not entitled to statutory damages or attorneys fees.