Ramparts, Inc. v. Fireman's Fund Insurance Company

MEMORANDUM

Plaintiff-Appellant Ramparts, Inc., d/b/a Luxor Hotel and Casino (Luxor), appeals a number of rulings made by the district court before, during, and after a jury trial. We affirm.

Luxor sued Fireman’s Fund Insurance Co. and the American Insurance Co. (collectively, AIC) for coverage under an insurance policy held by one of Luxor’s tenants, Heptagon Holdings, LLC (Heptagon), following structural damage to Luxor’s premises at a nightclub operated by Heptagon. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. Luxor waived its challenge to the district court’s order reducing its recovery under the policy to $50,000. The district court stated in its order on summary judgment that Luxor’s insurance coverage under the applicable policy provision was limited. The court later explained before trial that it would reduce any jury award that exceeded that limitation to $50,000. Lux- or did not object. Because Luxor raises this challenge for the first time on appeal and did not make such a challenge to the district court, we deem it waived. See Conn. Gen. Life Ins. Co. v. New Images of…