SMI Owen Steel Co., Inc. v. Marsh USA, Inc.

Plaintiff-Appellee SMI Owen Steel Company, Inc. (“SMI”), a subcontractor, sued Defendant-Appellant Marsh USA, Inc. (“Marsh”), an insurance broker, under Nevada law, asserting a tort claim for negligent failure to procure insurance, and two quasi-contractual claims for third-party beneficiary and promissory estoppel. The jury found for SMI on all three claims, and the Magistrate Judge signed a corrected judgment in favor of SMI in the amount of $7,839,131.

On appeal, Marsh argues that the judgment in favor of SMI should be reversed and judgment rendered in its favor, or alternatively that the…