DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

163427P.pdf   05/25/2017  Food Market Merchandising, Inc  v.  Scottsdale Indemnity Company
   U.S. Court of Appeals Case No:  16-3427
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Benton, Author, with Loken and Murphy, Circuit Judges] 
   Civil Case - diversity. Where notice of claim is required "as soon as 
   practicable, but in no event later that sixty days after the end of the 
   Policy Period," the district court's determination that no reasonable 
   factfinder could conclude that seven months notice was "as soon as 
   practicable" is affirmed. Because notice is a condition precedent to 
   coverage, a showing of prejudice is not required. The district court 
   properly found the term "as soon as practicable" to be unambiguous, and 
   properly concluded there was no waiver.