Legal Opinion

American Home Assurance Co. v. Unitramp Ltd.

District Court, N.D. Texas

Decided November 22, 1996No. Civil Action H-95-522PublishedCited by 1 opinion

1Opinion of the Court

Opinion on Liability

HUGHES, District Judge.

1. Introduction.

Unitramp seeks a determination that it was covered by an insurance policy for delivering watered fuel to its chartered ship. The damage occurred the day the fuel was loaded aboard because Unitramp had the ability to detect the injury but chose not to use readily available, quick tests. The identifiable injury was actually sustained at law at the time Unitramp' was not insured. Unitramp loses.

2. Background.

Unitramp chartered the M.V. Glenita, and when the ship was in Corpus Christi Bay it ordered the fuel from Enjet Refining, a fuel…

2Cases cited25 opinions

  1. Hogan v. Midland National InsuranceCalifornia Supreme Court · 1970
  2. Mooney v. HarlinTexas Supreme Court · 1981
  3. Ruebeck v. HuntTexas Supreme Court · 1943
  4. Remmer v. Glens Falls Indemnity Co.California Court of Appeal · 1956
  5. Cullen/Frost Bank of Dallas, N.A. v. Commonwealth Lloyd's Insurance Co., Texas Court of Appeals, 5th District (Dallas)1993

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3Cited by1 opinion

  1. American Home Assurance Company, Plaintiff-Counter-Defendant-Appellee v. Unitramp Limited and Unitramp, S.A., Defendants-Counter-Claimants-AppellantsCourt of Appeals for the Fifth Circuit · 1998

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