AGCS Marine Insurance Company v. World Fuel Services, Inc. et al
| AGCS Marine Insurance Company |
| World Fuel Services, Inc. and World Fuel Services Europe, Ltd. |
| 1:2014cv05902 |
| July 30, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Paul A. Engelmayer |
| Marine |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
147
OPINION & ORDER re: 127 MOTION to Strike Document No. [106-1, 106-3, 106-4, 119-1 & 119-2] , filed by AGCS Marine Insurance Company; re: 134 MOTION to Strike Document No. [126 and 125] Motion to Strike Paragraph 3 of the Re ply Declaration of Kevin J.B. OMalley (ECF Document No. 126) and All Other References to Alleged Statements Made by Martin Myers in AGCSs Reply Brief ECF Doc. No, filed by World Fuel Services, Inc., World Fuel Services Europe, Ltd. For the foregoing reasons, the Court finds that the valuation clause in the Policy between World Fuel and AGCS refers to the "re-sale" invoice in the amount of $17,910,833.28, rather than the "supply invoice," and that W orld Fuel is entitled to prejudgment interest at the New York statutory rate of 9%, starting on March 2, 2014. The Court directs the parties to submit, by one week from today, a proposed judgment, consistent with these parameters. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 127 and 134. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 11/11/2016) (kl)
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Filing
96
OPINION & ORDER: The Court holds that World Fuel's loss is covered under the All-Risk Clause, and therefore World Fuel is entitled to summary judgment. To the extent that World Fuel advances alternative arguments for summary judgment unde r the F.B.O.L. Clause and the F.O.B. Clause, however, those arguments lack merit. The Court respectfully directs the Clerk of Court to close the motions pending at docket numbers 64 and 79. The Court directs the parties promptly to meet and confer about next steps, if any, in this case, and to submit a joint letter to the Court within two weeks of today. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 5/17/2016) (kl)
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