We represented the property insurer of an aluminum smelter. The policyholder sought to recover $18.2 million as property damage and business income loss on account of interruptions in the operation of the smelter. The issues in the case included causation, damages, the contractual suit limitation, and equitable tolling. After the Federal District Court rejected the insured’s argument urging adoption of the doctrine of equitable tolling, summary judgment was granted in favor of our client. The Ninth Circuit subsequently ruled there was a question of fact regarding estoppel, reversed the District Court’s judgment, and remanded the case for trial. The dispute was subsequently compromised and settled on a very favorable basis for our client, the property insurer.
