L & L Marine Service, Inc. v. The Insurance Company of North America

JOHN R. GIBSON, Circuit Judge.

The capsizing of a barge with the unimaginative name P-2, resulting in its total loss, gives rise to this action by its owner and operator, L & L Marine Service, against its marine insurer, the Insurance Company of North America. The district court 1 dismissed all of L & L’s claims except its claim under the time hull provision of the insurance policy, on which the jury returned a verdict in favor of INA. L & L argues on appeal that the district court erroneously instructed the jury that an exclusionary provision in the time hull policy absolved INA of liability…