Assicurazioni Generali S.P.A., et al v. Black & Veatch Corp., et al., 362 F.3d 1108 (8th Cir. 2004)
Mar 26, 2004OUTCOME: Summary Judgment in Favor of Client Affirmed on Appeal by the U.S. Court of Appeals for the Eighth Circuit
Representation of the owner of an 800 megawatt combined cycle power plant, MEP Pleasant Hill LLC ("MEP"). The lawsuit was an action brought by London market insurers under an ocean marine cargo policy. ... The London marker insurers sought a declaration of no coverage for consequential loss (delay in start up) arising from power plant equipment that was damaged during ocean shipment. The London market insurers claimed that there was no coverage because MEP's contractor breached a pre-shipment survey warranty. MEP filed a counterclaim seeking $6 million of damages and asserting that the ocean marine cargo insurance was unambiguous and did not require a pre-shipment survey. The trial court agreed and granted partial summary judgment on liability in favor of MEP on the counterclaim. The Eighth Circuit Court of Appeals affirmed.
