United States Fidelity & Guaranty Co. v. Lee Investments, LLC

MEMORANDUM DECISION DENYING LEE INVESTMENTS LLC’S MOTION FOR JUDGMENT PURSUANT TO RULE 50(b), FEDERAL RULES OF CIVIL PROCEDURE (Doc. 703)

Lee Investments LLC (hereafter Lee) moves pursuant to Rule 50(b), Federal Rules of Civil Procedure, for judgment as a matter of law on the ground that no reasonable jury would have a legally sufficient evidentiary basis to find for United States Fidelity & Guaranty Company (hereafter USF & G) and Aon Risk Services Inc. of Central California Risk Services (hereafter Aon) in that:

A. Governing Standards.

The standards governing a motion for judgment as a matter of law pursuant to Rule 50, Federal Rules of Civil Procedure, are reiterated in Gibson v. City of Cranston, 37 F.3d 731, 735 (1st Cir.1994):

Further, a party cannot raise arguments in a post-trial motion for judgment as a matter of law that it did not raise in its pre-verdict motion. Freund v. Nycomed Am-ersham, 347 F.3d 752 , 761 (9th Cir.2003).

B. Was the Sackett’s August 11, 1998 letter (Exh. 888) A Condition or Exception Limiting Coverage, and Required To Be As a Matter of Law, Clear, Plain and Conspicuous?

Lee asserts that the August 11, 1998 letter “stated what USF & G claims…