Legal Opinion

National Casualty Co. v. Lockheed Martin Corp.

District Court, D. Maryland

Decided February 14, 2011No. Civil Action AW-05-1992Published

1Opinion of the Court

Memorandum Opinion

ALEXANDER WILLIAMS, JR., District Judge.

One of the central legal questions in this case is the proper standard for assessing “want of due diligence” within the meaning of the Liner Negligence Clause (“LNC”) of the insurance policy. Lockheed Martin has taken exception to several of the Court’s final jury instructions, in particular the instruction defining want of due diligence. 1 In addition to the reasons set forth on the record, the Court provides the following additional reasons to support its instruction to the jury on the meaning of due diligence. 2

The LNC initially…

2Cases cited11 opinions

  1. Financial SEC. Assur., Inc. v. Stephens, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. Union Insurance v. SmithSupreme Court of the United States · 1888
  3. Lynne Woods-Leber and Anthony Leber v. Hyatt Hotels of Puerto Rico, Inc., Etc.Court of Appeals for the First Circuit · 1997
  4. Saskatchewan Government Insurance Office v. Spot Pack, Inc.Court of Appeals for the Fifth Circuit · 1957
  5. United States v. MendozaCourt of Appeals for the Ninth Circuit · 2008

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