National Bank of Commerce, of the Estate of Earl W. Smith, Jr. v. Royal Exchange Assurance of America, Inc.

CELEBREZZE, Circuit Judge.

This is an appeal from the District Court’s judgment for Defendants-Appel-lees in a suit involving insurance coverage on a 41-foot yacht owned by Earl W. Smith, Jr. The yacht sank on the Mississippi River near Memphis, Tennessee, on July 14, 1968, taking the life of a guest, Mrs. Joan Heimert Talbot, whose administratrix has filed a wrongful death action against Smith. Defendants-Appellees denied insurance coverage as to the yacht itself and any liability which might be incurred through the wrongful death action.

This diversity action was originally filed by Smith…