Fireman's Fund Insurance Company v. Wilburn Boat Company

TUTTLE, Chief Judge.

This is the third appearance of this case in this Court. It has been tried three times in the trial court and has been once to the Supreme Court of the United States. On the first trial it appeared that the plaintiffs, Wilburn Boat Company, conceded that specific warranties contained in the policy of marine insurance sued on against use for other than private pleasure, against pledge and against sale, had been violated. The trial judge thereupon held that the contract should be interpreted under general maritime law requiring literal performance of warranties and that this…