10th Circ. Revives Thyssen Mine Collapse Coverage Suit

Law360, New York (December 20, 2012, 5:00 PM EST) -- The Tenth Circuit on Wednesday reinstated a complaint alleging Thyssen Mining Construction of Canada Ltd. and Cominco Engineering Services Ltd. were negligent in a mine collapse in Canada, but said the joint venture operating the mine was properly dismissed from the case.

Fireman's Fund Insurance Co. and Zurich Insurance Co. Ltd., as subrogees of an excavation company that worked on the project, sued Thyssen and Mudjatik Thyssen Mining Joint Venture in New Mexico federal court, but the complaint was dismissed for lack of jurisdiction.

The excavation...
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