Kingfisher, Inc. v. Boston Old Colony Insurance

OPINION

WALTER E. HOFFMAN, Senior District Judge.

The F/V KINGFISHER, owned by plaintiff, Kingfisher, Inc., suffered extensive fire damage on May 23, 1975, while moored at the Gloucester Marine Railway in Gloucester, Massachusetts. The vessel was insured by defendant, Boston Old Colony Insurance Company, under a hull policy which specifically limited recovery to the total loss or constructive total loss of the vessel. Constructive total loss was defined in the policy as follows:

No recovery for a Constructive Total Loss shall be had hereunder unless the expense of recovering and repairing the…