171470P.pdf   05/25/2018  Welspun Pipes Inc.  v.  Liberty Mutual Fire Insurance
   U.S. Court of Appeals Case No:  17-1470
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Loken, Author, with Gruender and Kelly, Circuit Judges] 
   Civil case - Insurance. Under the facts presented and the provisions of 
   the insurance policy at issue, the district court did not err in 
   determining Welspun's mitigation costs were not necessary expenses 
   included in the policy's loss of business income coverage because they did 
   not reduce a covered business income loss; there was no evidence that 
   Welspun's spending $14 million to shift some production to India after a 
   fire at its Arkansas plant was necessary to satisfy Welspun's duty to 
   mitigate the insurer's obligation to indemnify covered business losses; 
   the plain language of the policy, the origins of the loss of business 
   income coverage, prior cases and insurance treatises, and the undisputed 
   facts established in the summary judgment record make clear that the 
   incremental costs Welspun incurred in shifting the production were not 
   "necessary expenses" within the meaning of the relevant policy provision.