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United States Fifth Circuit


SMI Owen Steel Co. Inc. v. Marsh USA Inc., 06-41387

In a suit brought by a subcontractor against an insurance broker under Nevada law asserting a tort claim for negligent failure to procure insurance, and two quasi-contractual claims for third-party beneficiary and promissory estoppel, a judgment for plaintiff is affirmed where: 1) plaintiff's negligence claim was not barred by Nevada's economic loss doctrine; and 2) there was a legally sufficient evidentiary basis for a reasonable jury to find that plaintiff proved the causation element of the negligence claim.

Appellate Information

  • Decided 03/07/2008
  • Published 03/10/2008

Judges

  • PER CURIAM:, Before WIENER, DeMOSS, and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Francis Isadore Spagnoletti, Spagnoletti & Co., Kenneth G. Engerrand (argued), Brown Sims, Houston, TX, for Plaintiff-Appellee., Roger Dale Townsend (argued), Alexander, Dubose, Jones & Townsend, Houston, TX, for Defendant-Appellant.
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