Citigroup, Inc. v. Industrial Risk Insurers
Opinion of the Court
In November 1988, Citigroup, Inc. entered into a 20-year lease agreement with 7 World Trade Company (“7WTCLP”) for twenty-four of forty-seven floors at 7 World Trade Center.
In its action, Citigroup seeks to recover under 7WTCLP’s insurance policy with Industrial Risk Insurers (“IRI”) for the loss of Citigroup’s permanent but removable property at the rental site. For the reasons ably stated by Judge Miriam Goldman Cedarbaum, we agree with the district court that Citigroup’s property was not covered under the IRI policy because 7WTCLP lacked an insurable interest in Citigroup’s property and, by the policy’s definition, such property was not among those that were insured. See Citigroup, Inc. v. Indus. Risk Insurers, 386 F.Supp.2d 282, 288-91 (S.D.N.Y. 2004).
Citigroup argues that despite the clear language in the IRI policy, this Court should find that 7WTCLP possessed an insurable interest in Tenant’s Property under the reasoning of Zurich American Ins. Co. v. ABM Indus., Inc., 397 F.3d 158 (2d Cir. 2005).
The judgment of the district court is affirmed.
. The tenant that entered into this lease agreement with 7WTCLP was actually Salo-mon, Inc., which no longer exists. Salomon, Inc. merged with Smith Barney Holdings, Inc. to become Salomon Smith Barney Holdings, Inc., which is now a subsidiary of Citigroup. For the sake of clarity, we adopt the parties’ reference to the plaintiffs collectively as "Citigroup.”
. With respect to Citigroup’s assertion that Judge Cedarbaum raised the issue of insur
. We do not reach the question of whether Citigroup was, or should be considered, a loss payee under 7WTCLP’s insurance policy with IRI.
Reference
- Full Case Name
- CITIGROUP, INC., Salomon Smith Barney Holdings, Inc., Salomon, Inc., Plaintiffs-Counter-Defendants-Appellants v. INDUSTRIAL RISK INSURERS and Westport Insurance Corporation, Defendants-Cross-Defendants-Appellees, 7 World Trade Company, L.P., Intervenor-Defendant-Counter-Claimant-Appellee
- Cited By
- 1 case
- Status
- Published