91 F.3d 13 (3rd Cir. 1996), 95-1905, Younis Bros. and Co., Inc. v. CIGNA Worldwide Ins. Co.
|Citation:||91 F.3d 13|
|Party Name:||YOUNIS BROS. AND CO., INC. v. CIGNA WORLDWIDE INSURANCE COMPANY. The ABI JAOUDI AND AZAR TRADING CORPORATION v. CIGNA WORLDWIDE INSURANCE COMPANY; Whistondale & Partners, Inc., aka Whistondale & Partners, P.L.C.; Gallagher Plumer, Ltd.; Eagle Star Insurance Co. Ltd.; CNA Reinsurance of London Ltd.; St. Paul Fire and Marine Insurance Company, (UK Lt|
|Case Date:||July 30, 1996|
|Court:||United States Courts of Appeals, Court of Appeals for the Third Circuit|
June 4, 1996.
John J. Seehousen, Langhorne, PA, for Appellants.
Elizabeth Chambers, David R. Strawbridge, Stephen A. Cozen, Douglas R. Widin, Cozen & O'Connor, Philadelphia, PA, for Appellees.
Before: COWEN, NYGAARD and LEWIS, Circuit Judges.
OPINION OF THE COURT
NYGAARD, Circuit Judge.
Younis Brothers & Company and the Abi Jaoudi and Azar Trading Corporation appeal the judgment as a matter of law in favor of appellee, CIGNA Worldwide Insurance Company. The district court concluded that the "war risk exclusion" contained in appellants' insurance policies precluded claims arising from the June 1990 Liberian insurrection. We will affirm.
The district court's opinion details the facts underlying this appeal. See Younis Bros. & Co. v. CIGNA Worldwide Ins. Co., 899 F.Supp. 1385, 1388-1393 (E.D.Pa.1995). We need not repeat them except to note that appellants owned businesses and properties in Liberia, which, between June and October 1990, were damaged by looting and fire. During this time Charles Taylor and Prince Johnson led separate armies against the Liberian government. Appellants' holdings were insured under CIGNA policies containing war risk exclusions for losses caused by, inter alia, war, civil war, insurrection, rebellion or revolution. CIGNA carried the burden of establishing that the situation...
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