Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee Page 15

Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee general information

Media for Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee

Audio Transcription for Oral Argument - March 23, 1982 in Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee

Edmund K. Trent:

And so I expressly offered to produce all these files in London.

And Mr. Mellott said, no, we're not interested in the files relating to jurisdiction now, and he prepared this order and he submitted it and the judge said he was going to sign it, barring us from ever contesting jurisdiction again.

And I said, on the strength of that I offer to produce all these records in London on July 2nd, 1979.

That's right in the record.

So Mr. Mellott is incorrect to say we never did offer to produce the files.

You didn't offer to produce them until the sanction had been entered.

Edmund K. Trent:

No... well, that was my offer.

But Mr. Bruckmann before the sanction had been entered, he offered to produce them in London, and I just repeated that offer in the hope that it would be accepted and we would get the thing done.

Because we were perfectly willing to produce our files, and they could look through them and rummage through them all they want.

Mr. Trent, did your offer pertain to your files or the brokers' files?

Edmund K. Trent:

Our files.

Where did I get the notion that the information was only obtainable from the brokers' files?

What was all this fussing around about the brokers' files?

Edmund K. Trent:

Well, that was because Mr. Mellott's request for documents asked for policies, and we did not have any policies in our files.

We had only the placing slips, which were the contracts.

I thought I also got the impression that your files wouldn't disclose whether it was Pennsylvania business or--

Edmund K. Trent:

Well, the indexes... the placing slips themselves would, if you looked at each one.

But the indexes did not say which ones were from Pennsylvania, and the same was true of the brokers.

They did not have the indexes, either.

--Because I'm puzzled about why you sort of shuttled them off to the brokers.

It probably would have been much more efficient in the first place to stay with your files, wouldn't it?

Edmund K. Trent:

Well, I think it would have been.

But that was Judge Simmons' idea, because they wanted... they had asked expressly for the policies and only the brokers had the policies.

And you didn't... your predecessor representing your client didn't happen to say, well, really a quicker way to get it would be to look at our own files instead of going through the policies?

Edmund K. Trent:

No.

No, that was not said.

That could have been said.

I don't know whether the realized that or what at the time.

Would you think on your theory of the case or of the rule the district court would have been justified in saying, I'm going to impose... I'm going to find that there is jurisdiction unless you sustain the burden of proof that there isn't?

Edmund K. Trent:

No.