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ADAMS v. UNIONE MEDITERRANEA DI SICURTA

No. 03-30026.

364 F.3d 646 (2004)

Steven Henry ADAMS, for Himself and as Representative of Certain Underwriters at Lloyd's; Indemnity Marine Assurance Company Ltd.; The Yorkshire Insurance Company Ltd.; Commercial Union Assurance Company PLC; Phoenix Assurance PLC; Cornhill Insurance PLC; Norwich Union Fire Insurance Society Ltd.; Maritime Insurance Company Ltd.; The Northern Assurance Company, Ltd.; Skandia UK Insurance PLC; Ocean Marine Insurance Company; Folksam International Insurance Company (UK) Ltd.; Scottish Lion Insurance Company Ltd.; Wurttembergische Feuerversicherung AG; Sphere Drake Insurance Group PLC; Dai-Tokyo Insurance Co. UK Ltd., Plaintiffs-Appellees-Cross Appellants, v. UNIONE MEDITERRANEA DI SICURTA; et al., Defendants, AK Steel Corp., formerly known as, Armco Steel Company LP, Defendant-Appellant, and UMS Generali Marine Spa, formerly known as Unione Mediterranea Di Sicurta, Defendant-Appellant-Appellee-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 2004.

Attorney(s) appearing for the Case

Jon D. Picou, Lee Morgan Peacocke (argued), Larzelere, Picou & Wells, Metairie, LA, for Plaintiffs-Appellees-Cross-Appellants.

Christopher O. Davis (argued), Phelps Dunbar, New Orleans, LA, for UMS Generali Marine Spa.

Paul C. Miniclier (argued), David Anthony Binegar, Law Office of Paul C. Miniclier, New Orleans, LA, for AK Steel Corp.

Before DAVIS, WIENER and STEWART Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This suit arises from the sinking of two barges in the Mississippi River and the loss of 158 slabs of steel aboard those barges. The primary issues in this appeal relate to arguments between two co-insurers of the lost steel cargo over the amount of the loss each should bear. Defendant insurer Unione Mediterranea di Sicurta ("UMS") also challenges personal jurisdiction and venue. Issues are also presented challenging the propriety of...

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