Commercial Union Insurance v. Sea Harvest Seafood Co.

MILLS, District Judge.

We deal here with 36,000 pounds of decomposed frozen shrimp.

This appeal is taken from an order granting summary judgment to Plaintiff-Appellee Commercial Union Insurance Company (“Commercial Union”) on its action for a declaratory judgment pursuant to 28 U.S.C. § 2201 and denying partial summary judgment to Defendant-Appellant Sea Harvest Seafood Company (“Sea Harvest”) on Count I of its counterclaim which alleged breach of contract. 1

I. FACTS AND PROCEDURAL HISTORY

On July 30, 1996, Commercial Union issued a policy of ocean marine cargo insurance to Sea Harvest. The…