Legal Opinion · Dissent
Jefferson Block 24 Oil & Gas, L.L.C. v. Aspen Insurance UK Ltd.
Court of Appeals for the Fifth Circuit
Decided August 29, 2011No. 10-30190Published
1DissentEmilio M. Garza, Circuit Judge
Jefferson Block 24 Oil & Gas, L.L.C. (“Jefferson Block”) contends that an Oil Pollution Act (“OPA”) insurance policy insures it against the costs of a recent spill from a particular 16-inch right-of-way oil pipeline. The policy’s underwriters (“Underwriters”) contend that the policy does not. The district court granted summary judgment to the Underwriters, concluding that the policy did not reach spills from the pipeline. The majority reverses, relying on the rule of contra proferentem, to construe ambiguity in the policy against the Underwriters. The substantial weight of recent New York…
2Cases cited15 opinions
- International Multifoods Corporation v. Commercial Union Insurance Co.Court of Appeals for the Second Circuit · 2002
- Transcontinental Gas Pipe Line Corporation v. Transportation Insurance CompanyCourt of Appeals for the Fifth Circuit · 1992
- American International Specialty Lines Insurance v. Canal Indemnity Co.Court of Appeals for the Fifth Circuit · 2003
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- Morgan Stanley Group v. New England Ins. Co.Court of Appeals for the Second Circuit · 2000
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