Continental Insurance Company v. L&L Marine Transp

JERRY E. SMITH, Circuit Judge:

*568 Three tugs were towing a barge, with one designated as the "lead" tug and the other two as "assisting" tugs. One of the assisting tugs allided with a bridge fender system and sank. An insurance policy on the lead tug covers damage only to its "tow." Accordingly, we decide the meaning of "tow" for purposes of that insurance contract and whether the assisting tug was the "tow" of the lead tug. The district court held that the assisting tug was the "tow" because of a tort principle known as the "dominant mind" doctrine. We reverse and render.

I

Three tugs-the M/V…