Factory Mutual Ins., Co. v. Alon USA, L.P., et al, No. 11-11080 (5th Cir. 2013)
Annotate this CaseFM was awarded damages stemming from an industrial accident that destroyed a waste treatment plant at an oil refinery plant owned by Alon. On appeal, Alon challenged the damage determination. The court affirmed the damage determination, concluding that the district court was clearly presented with two permissible views of the evidence; few records were available to estimate the cost of rebuilding the plant at issue, which counseled in favor of using a multiplier; and the 2.25 multiplier used by the district court was well within the range recommended by the witnesses and was consistent with past experiences.
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