Legal Opinion

Tomas Aguirre, Jr., Apolinar Compean, and Wilhelm Seafoods, Inc. v. Citizens Casualty Company of New York

Court of Appeals for the Fifth Circuit

Decided March 26, 1971No. 30364PublishedCited by 35 opinions

1Opinion of the Court

DYER, Circuit Judge:

Citizens Casualty Company, a marine insurer, appeals from the District Court’s judgment awarding damages to Tomas Aguirre, Jr., Apolinar Compean, and Wilhelm Seafoods, Inc., for the grounding of their shrimper O/S Miss Esmeralda. The insurer argues that the owners’ operation of the Miss Esmeralda with a two-man crew made the vessel unseaworthy at the time of the accident. Consequently, Citizens contends, the trial court erred in failing to hold that the owners’ breach of the express warranty of continuing seaworthiness in their AHAB marine hull insurance policy suspended…

2Cases cited17 opinions

  1. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  2. Kossick v. United Fruit Co.Supreme Court of the United States · 1961
  3. Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
  4. Boudoin v. Lykes Bros. Steamship Co.Supreme Court of the United States · 1955
  5. Usner v. Luckenbach Overseas Corp.Supreme Court of the United States · 1971

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

3Cited by35 opinions

  1. Delome v. Union Barge Line Co.Court of Appeals for the Fifth Circuit · 1971
  2. Kilpatrick Marine Piling, a Partnership, and Savannah Bank and Trust Company v. Fireman's Fund Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1986
  3. Lexington Insurance Co. v. Cooke's Seafood, Snooper Fleet, Inc.Court of Appeals for the Eleventh Circuit · 1988
  4. Lemar Towing Co., Inc. v. Fireman's Fund Insurance Co.District Court, E.D. Louisiana · 1972
  5. International Ship Repair & Marine Services, Inc. v. St. Paul Fire & Marine InsuranceDistrict Court, M.D. Florida · 1996

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

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