Carlyle's $396M Oil Loss Row With Excess Insurers Revived

Law360 (April 14, 2021, 8:57 PM EDT) -- A New York appeals court has reversed a ruling that Carlyle Group affiliates can't tap into excess insurance to cover part of $396 million in losses when a Moroccan oil refinery was seized, finding factual disputes remain about whether the policy's coverage for theft was triggered.

A four-judge Appellate Division panel for the First Department on Tuesday reversed Justice O. Peter Sherwood's July order that had granted underwriters at Lloyd's of London's motion for summary judgment and had rejected Carlyle's assertion that its oil was essentially stolen by refinery operator Societe Anonyme Marocaine de l'Industrie du Raffinage, or SAMIR.

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