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INSU > SEC Filings for INSU > Form 8-K on 29-May-2009All Recent SEC Filings

Show all filings for INSITUFORM TECHNOLOGIES INC | Request a Trial to NEW EDGAR Online Pro

Form 8-K for INSITUFORM TECHNOLOGIES INC


29-May-2009

Other Events


Item 8.01. Other Events.

In March 2004, Insituform Technologies, Inc. (the "Company") filed a lawsuit in the United States District Court in Boston, Massachusetts against its excess insurance carrier for such carrier's failure to acknowledge coverage under a contractor's rework endorsement of its policy and to indemnify the Company for the entire loss in excess of the Company's primary policy. The claim related to a cured-in-place pipe installation project performed by the Company in Boston in 2003. As previously disclosed in its periodic reports filed with the Securities and Exchange Commission, on March 31, 2008, the United States District Court in Boston entered a final judgment in favor of the Company in the amount of $7.7 million, which included $6.1 million in actual damages and $1.6 million in pre-judgment interest (the "Judgment"). The excess insurance carrier appealed the Judgment to the First Circuit Court of Appeals, and the Company filed a cross appeal.

On May 22, 2009, the First Circuit Court of Appeals entered an order vacating the Judgment and remanded the case to the district court for dismissal of the Company's complaint. The Company intends to vigorously pursue a reconsideration and/or review of the decision in order to reinstate the Judgment. In December 2008, the Company purchased a judgment protection insurance policy to ensure the full amount of the Judgment, subject to a $0.5 million deductible. The insurance carrier is currently "A XV" rated according to AM Best.

The claim receivable was originally recorded as of June 30, 2005, in accordance with the Company's revenue recognition policy. At March 31, 2009, the total claim receivable recorded by the Company was $8.1 million, which included actual remediation costs of $6.1 million, pre-judgment interest of $1.6 million and $0.4 million in post-judgment interest.


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