DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213141P.pdf 03/07/2023 National Union v. Cargill
U.S. Court of Appeals Case No: 21-3141
U.S. District Court for the District of Minnesota
[PUBLISHED] [Kelly, Author, with Wollman and Kobes, Circuit Judge]
Civil case - Insurance. The district court did not err in determining that
Cargill suffered a covered loss resulting directly from an employee's
theft when an employee embezzled money by misrepresenting the price at
which grain was sold; the district court did not err by concluding there
were no disputes as to material facts; the employee exercised such control
over the grain that her actions amounted to a covered unlawful taking; the
employee's conduct caused Cargill to ship grain to her location and the
district court did not err in determining that the amount of covered loss
included the shipping costs for the grain; the district court properly
applied Minnesota law in determining the starting date for prejudgment
interest was the date Cargill send National a notice later.