Appeal From Costs Award

In Regional Air, Inc. v. Canal Ins. Co., No. 09-6090, both parties’ appeal from an award of costs in favor of plaintiff, the court vacated where 1) in its Okla. Stat. section 3629 analysis, the district court appeared implicitly to consider the appraisal award part of its judgment, and should have explicitly recognized that in awarding costs; 2) defendant thus had abundant notice that plaintiff was incurring storage costs and expected defendant to pay them; and 3) the district court’s interest award and remand this matter for the court to recalculate its award starting from the date or dates plaintiff’s storage cost losses reflected in the verdict were payable pursuant to the provisions of the parties’ contract.

 

Related Resources

  • Read the Tenth Circuit’s Decision in Regional Air, Inc. v. Canal Ins. Co., No. 09-6090

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