Apl Co. Pte. Ltd. v. Valley Forge Insurance Company

MEMORANDUM

Valley Forge Insurance Company (“Valley Forge”) appeals from the district court’s summary judgment against it on a diversity insurance coverage action filed by APL Co. Pte. Ltd. (“APL”). We reverse. Because the parties are familiar with the history of the case, we need not recount it in detail here.

The question in this case is whether Valley Forge is obligated to pay a judgment obtained by APL against Valley Forge’s insured, U.G. Co. Inc. (“U.G.”). Through its purchasing agent Kamdar Global, LLC (“Kamdar”), U.G. had ordered hair spray and mousse products from U.K. Aerosols. APL shipped the product from Istanbul, Turkey to California. The product leaked from the shipping containers, causing APL damage.

APL filed suit against U.G., Kamdar, and U.K. Aerosols on contract and negli gence theories. The district court granted summary judgment against APL on the negligence theories, but granted summary judgment for APL for $733,963.10 on the contract theories. The district court denied an attorney fee award. Both parties appealed. We affirmed the summary judgment to APL on the contract claims, and reversed the district court’s denial of APL’s request for attorneys’ fees.…