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American National Fire Insurance Co. v. Mirasco, Inc. | 249 F. Supp. 2d 303 (2003)

Cargorejection insurance protects against the risk of an importing country’s government rejecting goods for the goods’ failure to comply with health standards. But what type of rejection is sufficient to trigger coverage under one of these policies? We explore this topic and others in American National Fire Insurance Company versus Mirasco, Incorporated.

Mirasco Incorporated was a trader and exporter of beef products. Mirasco purchased a quantity of beef liver from Iowa Beef Products. On December 31st, 1998, the M/V Spero set sail from Texas for Egypt, carrying Mirasco’s beef liver, including the beef liver purchased from Iowa. Mirasco’s shipment was insured by a marinecargo insurance policy underwritten by American National Fire Insurance. The policy included cargorejection insurance.

On January third, nineteen ninetynine , Egypt issued Decree Number 6, which banned the import of Iowa Beef’s goods into Egypt. On January 23rd, 1999, the M/V Spero arrived in Egypt. Egyptian authorities refused to allow the import of the liver. The liver wasn’t tested, and a finalrejection certificate wasn’t issued. Mirasco had the liver shipped back to the United States , where it was sold at a significantly lower price than if it had been delivered to Egypt. Mirasco filed a claim under its insurance policy. National Fire denied the claim.

Mirasco brought suit against National Fire under the marinecargo insurance policy. Both parties filed motions for summary judgment.

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