Dial Corp. v. MG Skinner & Associates

MEMORANDUM **

Fireman’s Fund Insurance Company (“Fireman’s Fund”) appeals the district court’s November 25, 2003 order granting Federico Sayre’s (“Sayre”) motion for relief pursuant to Federal Rules of Civil Procedure 60(b)(4).

We have appellate jurisdiction over Fireman Fund’s appeal under 28 U.S.C. § 1291 and the collateral order doctrine. We find the district court’s November 25, 2003 order granting Sayre’s motion for relief from judgment pursuant to Fed. R.Civ.P. 60(b)(4) falls within the exception to the rule of nonappealability carved out for collateral final orders. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546-47 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949).

In January 1986, Dial Corporation (“Dial”) and Carson Metal Processing, Inc. (“Carson”) entered into a contract whereby Carson would dismantle and remove pieces of equipment on Dial’s premises. Carson agreed to provide comprehensive general liability insurance and to name Dial as an additional insured on the policy. Carson’s insurance broker, M.G. Skinner & Associates (“Skinner”), issued a $1 million liability insurance certificate for Carson but did not list Dial as an additional insured, as required by…