XL Insurance America, Inc. v. Noranda Aluminum Holding Corporation

Summary

The Supreme Court of Delaware affirmed a judgment awarding Noranda business-interruption damages after two accidents disabled portions of its aluminum smelter. It held that Noranda's expert could calculate lost gross earnings by comparing a no-accident scenario with a hypothetical repaired-and-restarted scenario, and that challenges to the expert's factual assumptions and allocation of labor costs were for the jury rather than grounds for exclusion. The court also upheld exclusion of a separately added hypothetical electrical-inefficiency expense because it was not calculated under the policy's gross-earnings formula. No separate opinions were filed.