Legal Opinion

Progress Marine, Inc. v. Foremost Insurance Company, Grand Rapids, Michigan

Court of Appeals for the Fifth Circuit

Decided April 15, 1981No. 78-2321PublishedCited by 17 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge:

Progress Marine, Inc. (PMI) appeals the District Court’s 1 denial of its claim against Foremost Insurance Company (Insurer) for expenses incurred in removing the wreck of a Jackup Workover Barge (PM II) which sank some 11 miles off the Louisiana coast. PM II was covered by a marine P&I insurance policy which provided recovery for wreck removal expenses when “such removal is compulsory by law.” Because we find that the District Court erred in its interpretation of the term “compulsory by law”, and accordingly applied an improper legal standard in the resolution of…

2Cases cited12 opinions

  1. Wood v. StricklandSupreme Court of the United States · 1975
  2. Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
  3. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
  4. Henry Lee Bryan v. Clarence Jones, Sheriff, Henry Wade, District Attorney, Fidelity & Deposit Co.& Lena GiddensCourt of Appeals for the Fifth Circuit · 1976
  5. Complaint of the University of Texas Medical Branch at Galveston the University of Texas Medical Branch at Galveston v. United StatesCourt of Appeals for the Fifth Circuit · 1977

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Continental Oil Company v. Bonanza Corporation, and Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1983
  2. Continental Oil Company v. Bonanza Corporation and Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1982
  3. Grupo Protexa, S.A. v. All American Marine SlipCourt of Appeals for the Third Circuit · 1994
  4. GREAT LAKES REINSURANCE (UK), PLC v. RosinDistrict Court, S.D. Florida · 2010
  5. Zurich Insurance v. PatemanDistrict Court, D. New Jersey · 1988

12 more not listed; retrieve them via the Exa API.

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