182327P.pdf   05/14/2019  EMC Insurance Companies  v.  Entergy Arkansas
   U.S. Court of Appeals Case No:  18-2327
   U.S. District Court for the Western District of Arkansas - El Dorado   
   [PUBLISHED] [Loken, Author, with Grasz and Stras, Circuit Judges] 
   Civil case - Insurance. In this action by an insurer asserting subrogation 
   claims against a utility alleging the utility's equipment caused a fire at 
   the insured parties' property,the district court erred in determining the 
   insurer did not have standing to bring the claim without first obtaining 
   the insureds' agreement or a court determination that the insured had been 
   made whole; however, the district court properly granted defendant's 
   motion for judgment as a matter of law, as the insurer never argued to the 
   district court that it had presented adequate proof before or during trial 
   that the insureds had been made whole, an essential element of the claim 
   on which the insurer bears the burden of proof.