In the United States District Court for the District of Maryland
Case 1:09-cv-01893-ELH Document 164 Filed 09/28/12 Page 1 of 51 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MILLENNIUM INORGANIC CHEMICALS LTD., et al., Plaintiffs, v. Civil Action No. ELH-09-1893 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, et al., Defendants. MEMORANDUM OPINION Millennium Inorganic Chemicals Ltd. (“Millennium Inorganic”) and Cristal Inorganic Chemicals Ltd. (“Cristal Inorganic”) (collectively, “Millennium”), plaintiffs, sued two of their “All-Risks” insurers, National Union Fire Insurance Company of Pittsburgh, PA (“National Union”) and ACE American Insurance Company (“ACE”) (collectively, the “Insurers”), after the Insurers denied coverage for business interruption losses that plaintiffs sustained due to the loss of natural gas supply to their titanium dioxide production facilities in Western Australia. Plaintiffs allege that they incurred a loss of over $10 million due to the business interruption.1 The loss of natural gas supply was caused by a massive explosion that occurred on June 3, 2008, at a natural gas production facility on Varanus Island, off the coast of Western Australia, 1 Plaintiffs also sued Marsh USA, Inc. (“Marsh”), the insurance broker that procured the policies at issue, but subsequently dismissed their claims against Marsh. See ECF 144 (stipulation of dismissal). Subject matter jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332(a)(2). All of the defendants are incorporated and have their principal places of business in various American states, while both plaintiffs are incorporated and have their principal places of business in foreign countries. In a ruling issued on February 3, 2010, Judge Catherine C.
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