Tuesday, March 15, 2011

American Commercial Lines LLC v. Water Quality Ins. Syndicate

Mar 14: In the U.S. Court of Appeals, Second Circuit, Case No. 10-1650. In this summary order, which does not have precedential effect, the Appeals Court dismissed the appeal for lack of jurisdiction. The case involved a dispute over coverage for a $130 million oil spill. Defendant Water Quality Insurance Syndicate (WQIS) appeals from the district court's March 29, 2010 grant of partial judgment on the pleadings in favor of plaintiff American Commercial Lines LLC (ACL), determining the scope of WQIS's obligation under maritime pollution insurance policy number 40-27083 (the Policy) to reimburse ACL for costs incurred investigating and defending against claims arising from a July 23, 2008 oil spill. WQIS submits that this court has jurisdiction over the appeal pursuant to 28 U.S.C. § 1292(a)(3), because the district court's interlocutory order determined the rights and liabilities of the parties in an admiralty case in which appeals from final decrees are allowed. The Appeals Court said "We conclude that because the district court's order did not conclusively determine the rights and liabilities of the parties, jurisdiction under § 1292(a)(3) is lacking, and the appeal must be dismissed."
    Access the complete summary order (click here).

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