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DISTRICT OF COLUMBIA INS. GUAR. ASSN. v. AMTRAK

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


August 22, 1989

DISTRICT OF COLUMBIA INSURANCE GUARANTY ASSOCIATION, Plaintiff,
v.
NATIONAL RAILROAD PASSENGER CORPORATION, Defendant

The opinion of the court was delivered by: HARRIS

MEMORANDUM OPINION

 STANLEY S. HARRIS, UNITED STATES DISTRICT JUDGE

 This matter is before the Court on the parties' cross-motions for summary judgment. After careful consideration of all the pleadings, the entire record, and the District of Columbia Insurance Guaranty Association Act, D.C. Code ยง 35-1901 et seq. (the DCIGA Act or the Act), the Court grants defendant National Railroad Passenger Corporation's (Amtrak) motion and denies plaintiff District of Columbia Insurance Guaranty Association's (DCIGA) motion.

 Background

 The facts of the case are clear and begin with two separate Amtrak train accidents, one occurring on March 5, 1984, in Kittrell, North Carolina, and the other occurring on July 7, 1984, in Essex Junction, Vermont. At the time of those incidents, Amtrak was insured under two groups of insurance policies providing coverage in two layers. The first layer policies, referred to as Level I policies, were to cover the portion of losses between $ 1 million and $ 3.5 million. n1 Amtrak also had a second layer of policies which were issued to cover the portion of losses between $ 3.5 million and $ 6 million (Level II policies). The second layer policies are as follows: Level II % Loss Insurance Co. Policy No. Period Covered Covered. Transit Casualty n2 IM203003 1/3/84 - 7/7/84 30 % Royal PQSD30369 1/31/84 - 10/24/84 30 % National Union IMB4508907 1/31/84 - 12/8/84 25 % Lloyds 614NTB718 1/31/84 - 12/8/84 15 %

19890822

© 1992-2004 VersusLaw Inc.



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