Baggaley v. Aetna Ins.

TREANOR, Circuit Judge.

This is an appeal from a decree in admiralty dismissing libelant’s libel by which he sought to recover under a policy of marine insurance issued by the respondent. The policy contained a clause insuring against loss or damage to the hull or machinery of the yacht “Barbara” “through the negligence of master, mariners, engineers, and pilots, * * * provided such loss or damage has not resulted from want of due diligence by the owners of the Vessel, or any of them, or by the manager.”

In the year 1932, and for several years prior thereto, the libelant was the owner of the…