16 results for 'cat:"Insurance" AND cat:"Maritime"'.
J. Vos finds a lower court properly dismissed an offshore construction management company's motion for indemnification against an insurance company. The construction management company argued that the insurer was obligated to provide indemnification after it crashed into a platform, which resulted in damage to its vessel. However, the insurance company sufficiently showed that the offshore contractor was not the "principal insured" on the policy. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Vos, Filed On: May 9, 2024, Case #: CA-2023-1683, Categories: insurance, maritime, Indemnification
J. Sutton finds the district court properly granted summary judgment to the insurer in this dispute over denied coverage for losses an aluminum company suffered due to aluminum shortages caused by transportation issues and delays. The insurer alleges the policy did not cover the transportation expenses and that the delay’s did not result from arrest, detainment or restraint. The aluminum company did in fact suffer the transportation issues, but the parties only focused on the threshold question of whether the aluminum firm experienced that risk. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: April 4, 2024, Case #: 23-5543, Categories: insurance, maritime
J. Burroughs grants an insurance company’s motion for a declaratory judgment exempting it from any obligation to defend a boat owner who approached another boat that struck a navigational aid and caused its passengers to enter the water, including one passenger who drowned, and who left the scene without providing assistance. The boat owner who left the scene failed to sit for an examination under oath.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11401, NOS: Insurance - Contract, Categories: insurance, maritime, Wrongful Death
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J. Eagles grants an insurer’s motion for summary judgment following a claim dispute after a couple’s boat was involved in a crash. Following the couple’s claim, the company found discrepancies in their policy application, including the fact that the husband had undisclosed felony drug charges, which is true even though his wife claims she was unaware. This and other falsehoods null the policy completely and the company is not liable to pay on the couple’s claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: February 22, 2024, Case #: 1:22cv915, NOS: Marine - Contract, Categories: insurance, maritime, Contract
J. Zouhary grants the insurer's motion for summary judgment, ruling salvage expenses related to the sunken yacht are not covered by its policy, which includes a captain's warranty that provides coverage only if the vessel is being navigated by a single, named captain. Therefore, because the yacht's owner changed captains and failed to inform the insurance company, his claim was properly denied because the captain named in the policy was not operating the vessel at the time of its sinking.
Court: USDC Northern District of Ohio, Judge: Zouhary, Filed On: February 6, 2024, Case #: 3:21cv2047, NOS: Marine - Contract, Categories: insurance, maritime
J. Southwick finds the district court improperly held the contract to inspect and repair lifeboats on oil platforms is not a maritime contract. After two workers were killed in a lifeboat accident, the district court decided that since the vessel itself was not engaged in maritime commerce the contract is not a maritime contract, which effects whether indemnity might be owed. Though the platform itself may or may not be considered a vessel, depending on if its legs are attached to the sea floor, the lifeboats themselves are not required to be engaged in maritime commerce. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: January 11, 2024, Case #: 22-30582, Categories: insurance, maritime, Negligence
Per curiam, the Fifth Circuit finds the district court properly granted the offshore oil and gas business’ motion for summary judgment in Lloyds’ intervenor complaint seeking to recover maintenance and cure benefits paid to an injured seaman. Lloyds is responsible for payments under a protection and indemnity policy under which the business is an assured. Because the vessel upon which the injury occurred was engaged in its “intended operations” at the time of the injury and the limitation on the waiver of subrogation does not apply, Lloyds waived its subrogation rights. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 13, 2023, Case #: 22-30371, Categories: insurance, maritime, Tort
J. King grants the trust's motion to stay the insurance company's lawsuit seeking a declaration that it does not have to provide coverage for fire damage to the trust's vessel following a lightning strike, as the insurance company contends that the trust breached the policy's warranty by not properly maintaining the vessel’s fire extinguishing equipment. A stay is warranted in this case, because the insurance company is involved in a similar lawsuit in front of the Supreme Court in which it is using the same defense, and the U.S. Supreme Court's decision in that case will simplify and narrow the issues in this one.
Court: USDC Western District of Washington, Judge: King, Filed On: August 14, 2023, Case #: 2:21cv1241, NOS: Marine - Contract, Categories: insurance, maritime, Contract
J. Vitter denies summary judgment to an oilfield company on its argument that the employer of a seaman who fell ill aboard its offshore diving support vessel is contractually required to indemnify and defend it against his claim that a shipboard medic misdiagnosed him with seasickness when a hospital determined that he actually suffered a stroke. The vessel owner points to no evidence the seaman’s employer failed to purchase appropriate insurance as required under their agreements.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: August 2, 2023, Case #: 2:21cv1348, NOS: Marine - Contract, Categories: insurance, maritime, Indemnification
J. Wilson finds the district court properly granted the insurance company declaratory judgment that it correctly denied coverage for a boat, the Hello Dolly VI, owned by the investment group, which sunk during a hurricane. A policy “hurricane protection plan” required that the boat be moored at its designated location in New Orleans, Louisiana. The boat was sunk while moored behind the investment group founder's home in Pensacola, Florida. The Hello Dolly VI never got “back where [she] belong[ed].” Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: August 1, 2023, Case #: 22-30041, Categories: insurance, maritime