Reading & Bates Corp. v. All American Marine Slip

Full title: READING BATES CORPORATION; READING BATES DRILLING CO.…

Court: United States Court of Appeals, Second Circuit

Date published: Nov 10, 1997

128 F.3d 793 (2d Cir. 1997)

Opinion

No. 453, Docket No. 97-7243.

Argued: October 21, 1997.

Decided: November 10, 1997.

JOHN A.V. NICOLETTI, Nicoletti Hornig Sweeney, New York, New York (Julia M. Moore, of counsel), for Respondent-Appellant.

DONALD J. KENNEDY, Carter, Ledyard Milburn, New York, New York, for Petitioners-Appellees.

Appeal from a judgement of the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge), holding, inter alia, that appellant, a marine-loss insurer, is liable to insured for prejudgment interest even though such interest would, when added to the loss under the insurance policy, exceed the policy limit. Affirmed.

Before: WINTER, Chief Judge, MESKILL, Circuit Judge, and MARTIN, District Judge.¹

1 The Honorable John S. Martin, Jr., of the United States District Court for the Southern District of New York, sitting by designation.

PER CURIAM:

All American Marine Slip ("AAMS") appeals from Judge Baer's decision awarding appellees, inter alia, prejudgment interest on their claim for damages under a marine-loss insurance policy issued by AAMS. We affirm for substantially the reasons stated in the district court's opinion. Reading Bates Corp. v. All American Marine Slip, 953 F. Supp. 92 (S.D.N.Y. 1997).