USAA Casualty Insurance Co. v. Permanent Mission of the Republic of Namibia

681 F.3d 103 (2011)

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USAA Casualty Insurance Co. v. Permanent Mission of the Republic of Namibia

United States Court of Appeals for the Second Circuit
681 F.3d 103 (2011)

RW

Facts

For reasons of diplomatic policy, the Permanent Mission of the Republic of Namibia (Namibia) (defendant) decided to build a chancery for Namibian diplomats attending United Nations meetings in New York City. Namibia chose to locate the chancery in a renovated townhouse next door to Robert Adelman’s adjoining townhouse. During the renovations, a subcontractor allegedly ignored a city building-code requirement meant to preserve the safety of adjoining properties, thereby causing the collapse of a party wall and extensive damage to Adelman’s townhouse. USAA Casualty Insurance Company (USAA) (plaintiff) covered Adelman’s loss and then sued Namibia for reimbursement. The federal district court ruled that Namibia could not assert its sovereign immunity as a defense to USAA’s claim. Namibia appealed to the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Cabranes, J.)

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