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Olin Corporation v. Insurance Company of N. America

United States District Court, S.D. New York
Nov 17, 2006
84 Civ. 1968 (TPG) (S.D.N.Y. Nov. 17, 2006)

Opinion

84 Civ. 1968 (TPG).

November 17, 2006


OPINION


On April 12, 2006 the court signed a Rule 54(b) Judgment in this case following the trial relating to the McIntosh site. That Judgment was entered on April 24, 2006. The Judgment was against a group of insurers, sometimes referred to as the "London Market Insurers."

On May 8, 2006 the London Market Insurers moved under Fed.R.Civ.P. 59(e) to amend the Judgment. The proposed amendment would reduce the amount of prejudgment interest from approximately $9.9 million to a figure about $1 million less. The current judgment contemplates prejudgment interest going as far back as 1986 for certain remediation costs incurred by Olin. London Market Insurers propose that prejudgment interest begin no earlier than 1993. Moreover, the proposed amendment would require substantial alteration to the detailed findings with regard to prejudgment interest contained in paragraphs 6-8 and 10 of the Judgment.

The court has reviewed the extensive submissions of the parties to determine whether there is merit to the motion. The court finds that there is not. Paragraphs 6-8 and 10 dealing with prejudgment interest are factually accurate and legally correct. There is no basis for amending them, and therefore no basis for changing the Judgment with regard to prejudgment interest.

The motion of the London Market Insurers under Rule 59(e) is denied.

SO ORDERED.


Summaries of

Olin Corporation v. Insurance Company of N. America

United States District Court, S.D. New York
Nov 17, 2006
84 Civ. 1968 (TPG) (S.D.N.Y. Nov. 17, 2006)
Case details for

Olin Corporation v. Insurance Company of N. America

Case Details

Full title:OLIN CORPORATION, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA…

Court:United States District Court, S.D. New York

Date published: Nov 17, 2006

Citations

84 Civ. 1968 (TPG) (S.D.N.Y. Nov. 17, 2006)