Legal Opinion
Pacific Indemnity Co. v. Sussex
District Court, D. Oregon
Decided March 2, 1967No. 66-59Published
1Opinion of the Court
MEMORANDUM OPINION
von der Heydt, District Judge.
The Pacific Indemnity Company (Pacific) seeks a declaratory judgment of non-liability under a policy of hull insurance for the sinking of respondents’ yacht, DUET. Pacific contends that the sinking was caused by DUET’S unseaworthiness and not by any peril of the sea covered by its policy. It also contends that if the policy does apply, respondents’ recovery must be limited to $850 plus salvage costs, because respondents failed to take the reasonable steps to minimize damages required by the policy’s "sue and labor” clause.
Respondents Sussex and…
2Cases cited7 opinions
- Wigle v. Aetna Casualty and Surety CompanyDistrict Court, E.D. Michigan · 1959
- Compania Transatlantica Centroamericana, S. A. v. Alliance Assur. Co.District Court, S.D. New York · 1943
- Founders' Insurance Company, and Cross-Appellee v. H. J. Rogers and R. G. Rogers, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1962
- Long Dock Mills & Elevator Co. v. Mannheim Ins.District Court, S.D. New York · 1902
- Frederick Starr Contracting Company v. Aetna Insurance CompanyCourt of Appeals for the Second Circuit · 1960
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