June 14, 2023 General

GTTC Client Awarded $7.8 Million In Prejudgment Interest

On behalf of GTTC clients Ingenco Holdings and Bio-Energy (Washington) (“Ingenco”), the team of Frank Cordell, Jeff Thomas, Greg Pendleton, and John Cadagan recently obtained a substantial award of prejudgment interest–$7.8 million.

Ingenco’s landfill-gas-purification plant was damaged in 2010 and ultimately shut down for permanent repairs in March 2011. Ingenco sought coverage from its All Risk and Boiler & Machinery insurer, ACE American Insurance Company. ACE denied the claim, and Ingenco sued ACE in federal court in Seattle.

After a series of motions, appeal to the Ninth Circuit, and remand, the case finally came to trial in January 2023, almost 13 years after the plant damage and 11 years after ACE first denied Ingenco’s claim for property damage and business income loss. After an eight-day trial, a jury returned a unanimous verdict for Ingenco, finding ACE had breached the policy and awarding Ingenco $10,974,232.56 in damages.

On May 31, 2023, the Court rejected ACE’s post-trial motions and granted Ingenco’s motion for prejudgment interest in the amount of $7,799,485.14. The current judgment stands at $18,773,717.70, and the parties are awaiting a ruling on Ingenco’s motion for an award of attorney fees and costs under Washington’s Olympic Steamship rule.