NORTHERN ASSURANCE COMPANY OF AMERICA v. Heard

AMENDED 1 MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

The question presented in this case is whether the owners of a recreational sailboat may recover detention damages for loss of the vessel’s use during their planned vacation. A late nineteenth century Supreme Court case contains categorical language on the question, leading circuits which have recently addressed the issue to conclude that detention damages are available only upon proof of loss of commercial profits and not for loss of recreational use. In two earlier readings of the case more hospitable to the recognition of…