Herbert H. Harris, Jr. v. Olympus Terminals & Transport Co., Inc., Travelers Insurance Co.

RIVES, Circuit Judge:

Decision of this appeal turns on the construction of an exclusionary provision in a “Workmen’s Compensation and Employers’ Liability Policy” issued by Travelers to Olympus.

Harris, a shore-based barge-cleaner employee of Olympus, sued Olympus and Travelers to recover damages for personal injuries arising out of an accident that occurred when Harris fell into the cargo compartment of a barge which his employer Olympus was cleaning. Harris claimed that he fell because of the unseaworthiness of the barge, and that Olympus was liable to him under Seas Shipping Co., Inc. v.…