Joplin company wins $11 million in asphalt suit

2012-09-27T17:01:00Z 2012-09-28T07:51:00Z Joplin company wins $11 million in asphalt suitBY ROBERT PATRICK • 314-621-5154 stltoday.com

ST. LOUIS • A federal jury awarded $11 million Thursday to a Joplin company that claimed its insurance company failed to pay off when an oil pipeline leak shut down a factory.

TAMKO Building Products Inc. sued in federal court in St. Louis in 2010, claiming that their Rhode Island-based insurance company, Factory Mutual Insurance Company, failed to pay on TAMKO's commercial property insurance policy during a 2008 shutdown of an asphalt shingle facility in Maryland.

For 30 days, the facility had no coating grade asphalt to use for the shingles because their supplier was affected by the oil leak, the suit says.

Last month, U.S. District Judge Catherine Perry ruled that the shutdown was covered, and that the only issue at this week's trial would be the loss TAMKO suffered.

In pre-trial filings, Factory Mutual said that TAMKO couldn't prove that they couldn't make up the lost time or that they lost any sales.

Lawyers on both sides were not immediately available for comment Thursday.

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