Benada Aluminum Products Company v. The Home Insurance Company

The complaint presented four separate and identified claims, I through IV inclusive, against the Defendant Insurance Company. On trial by the Court alone, the Court found the Insurer not liable under claims I, III, and IV, but liable under claim II with the issue of damages severed, F.R.Civ.P. 42(b). Plaintiff appeals with respect to the adverse decision regarding liability on claims I, III, and IV. On motion to dismiss the appeal by the Insurer, we must grant it since there has been no determination in compliance with F.R.Civ.P. 54(b).

This means that the District Court’s decision on claims…