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CENTURY ALUMINUM COMPANY; CENTURY
KENTUCKY, INC.; CENTURY ALUMINUM OF KENTUCKY
GENERAL PARTNERSHIP; CENTURY ALUMINUM SEBREE,
LLC,
Plaintiffs-Appellants,
v.
CERTAIN UNDERWRITERS AT LLOYD’S, LONDON,
subscribing to Policy Number B1353DC1703553000,
Defendants-Appellees. |
No. 23-5543 |
Appeal from the United States District Court for the Western District of Kentucky at Owensboro.
No. 4:18-cv-00118—H. Brent Brennenstuhl, Magistrate Judge.
Argued: March 21, 2024
Decided and Filed: April 4, 2024
Before: SUTTON, Chief Judge; STRANCH and DAVIS, Circuit Judges.
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OPINION
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SUTTON, Chief Judge. Century Aluminum relies on river barges to obtain alumina ore
and other materials that it smelts into aluminum. When the Army Corps of Engineers closed key
locks on the Ohio River in 2017 due to low water levels and mechanical breakdowns, Century
scrambled to secure other transportation. Century filed a claim with the underwriters of its
maritime cargo insurance policy, referred to collectively as Lloyd’s of London, for these
unanticipated shipping expenses. Lloyd’s paid the company $1 million under the policy’s Extra
Expense Clause but denied coverage for the rest of the claim. The district court granted
summary judgment to Lloyd’s. We affirm. |
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