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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Insurance : Damages Reduction – Law Of The Case – Prejudgment Interest

Insurance : Damages Reduction – Law Of The Case – Prejudgment Interest

Where a transport company sought coverage for damages caused by an ammonia leak in a refrigerated warehouse, the company was barred from claiming that the insurance payment should not have reduced its damages because that issue was decided during the first trial and the company did not appeal it, and the denial of prejudgment interest on the amounts awarded for lost business income and necessary expenses is affirmed, but the denial of prejudgment interest on the award for property damage is reversed because the award was reasonably ascertainable.

Judgment is affirmed in part; reversed in part; remanded.

Macheca Transport Company v. Philadelphia Indemnity Company (MLW No. 65763/Case No. 12-3941 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) Appealed from U.S. District Court, Eastern District of Missouri, Jackson, J. (John F. Horvath, Chicago, argued for appellant) (Martin John Buckley, St. Louis, argued for appellee; Adrian Phillip Sulser appeared on the brief).

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