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Armada Supply Incorporated, Plaintiff-Appellee-Cross-Appellant v. Philip Gaybell Wright, Individually and on Behalf of All Other Underwriters at Lloyd's and New Hampshire Insurance Co., Ltd., Individually and on Behalf of All Other Insurance Companies, Subscribing to Policies of Marine Insurance Set Forth in Willis Faber & Dumas, Ltd., Cover Note No. Cs 5527, Banorte Seguradora S.A., Itau Seguradora S.A., Atlantica Cia. Nacional De Seguros, Bamerindus Cia. De Seguros, Sul America Terrestres, Maritimos E Acidentes Cia. De Seguros, Sul America Cia. Nacional De Seguros, Cia. De Seguros Alianca Da Bahia, Nacional Companhia De Seguros, Cia. Internacional De Seguros, Comind Companhia De Seguros, Brasil Cia. De Seguros Gerais, Cia. Bandeirante De Seguros Gerais, Companhia Paulista De Seguros, Patria-Cia. Brasileira De Seguros Gerais, Boavista Cia. De Seguros De Vida E Acidentes, Sasse Cia. Nacional De Seguros Gerais, Cia. De Seguros Do Estado De Sao Paulo, Vera Cruz Seguradora S.A., Skandia-Boavista Cia. Brasileira

Citations: 858 F.2d 842; 1988 U.S. App. LEXIS 13140Docket: 645

Court: Court of Appeals for the Second Circuit; September 22, 1988; Federal Appellate Court

Narrative Opinion Summary

In this appellate case, Armada Supply Incorporated pursued claims against multiple insurance companies, including Banorte Seguradora, S.A., in relation to marine insurance policies covering fuel oil shipments. The primary legal issues revolved around coverage under the London Institute Cargo Clauses (All-Risks) and personal jurisdiction over Banorte. After a bench trial, the district court awarded Armada damages for contamination and shortage losses but denied claims for lost profits under the insurance policies. Banorte appealed, contesting jurisdiction and the calculation of losses, while Armada cross-appealed seeking additional coverage. The Second Circuit Court upheld the district court's finding of personal jurisdiction, affirming that Banorte's business activities in New York sufficed under state law and confirmed the insurance policies covered physical cargo loss but not lost profits. The court also addressed the allocation of sue and labor expenses, ruling that Armada's mitigation efforts were reasonable and recoverable. Ultimately, the court affirmed the lower court's judgments on most points, modifying certain calculations related to damages.

Legal Issues Addressed

Ambiguity in Insurance Contracts

Application: The court found the insurance policy unambiguous and not covering lost profits, despite Armada's contentions that ambiguities should be construed against the insurer.

Reasoning: Armada contends that ambiguities in the insurance policy should be construed against the insurer, arguing that the policy should cover lost profits. However, the court found the policy to be unambiguous.

Insurance Policy Interpretation and Coverage

Application: The court determined that the London underwriters' policy covered cargo loss but not lost profits, aligning with the standard marine insurance practices.

Reasoning: Judge Griesa determined that the increased-value clause of the London insurance policy only covered physical loss or damage to cargo, not lost profits.

Legal Expenses as Recoverable Costs

Application: Legal expenses related to pursuing vessel claims were deemed reasonable and thus recoverable under the sue and labor clause of the insurance certificate.

Reasoning: Armada's actions in pursuing the vessel claim were reasonable under the Banorte certificate's stipulation to preserve rights against third parties.

Personal Jurisdiction Under New York Insurance Law

Application: The court affirmed personal jurisdiction over Banorte by detailing its business activities in New York, including issuing a certificate of insurance directly tied to a New York transaction.

Reasoning: Banorte engaged in 'transacting business' in New York as defined by Section 1213(b)(1)(D) of the New York Insurance Law and Section 302(a)(1) of the C.P.L.R. by issuing an insurance certificate for property in New York.

Sue and Labor Expenses in Insurance Claims

Application: The court upheld the allocation of sue and labor expenses related to mitigating cargo damage, rejecting Banorte's challenges to specific incurred costs.

Reasoning: The court has rejected Banorte's challenges to specific sue and labor expenses totaling $529,088.40.