INSURANCE CORPORATION OF IRELAND v. COMPAGNIE de BAUXITES de GUINEE 456 U.S. 694 (1982). CASE BRIEF

INSURANCE CORPORATION OF IRELAND V. COMPAGNIE de BAUXITES de GUINEE

456 U.S. 694 (1982)

NATURE OF THE CASE: This was an appeal from sanctions for failure to comply with a discovery order.

FACTS: Compagnie (P) was a Delaware corporation jointly owned by a Pennsylvania company and the Republic of Guinee. Compagnie (P) obtained excess insurance against business interruption from ICI (D). A business interruption allegedly occurred and D refused to pay P's claim. P sued in federal court in Pennsylvania, and D contested the existence of personal jurisdiction. The foreign insurance companies made special appearances to contest jurisdiction. P made requests for discovery information relevant to the jurisdiction issue. D failed to comply with an order to disclose the information and the court, under F.R.C.P. 37(b)(2)(A), imposed sanctions, which ordered that the facts establishing personal jurisdiction were deemed to exist. D appealed, contending the court had no power to order the existence of jurisdiction.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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