Legal Opinion
Gulfstream Cargo, Ltd. v. Reliance Insurance Company
Court of Appeals for the Fifth Circuit
Decided March 28, 1969No. 23109PublishedCited by 70 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
The question in this case is whether nondisclosure by the prospective assured of known facts reflecting spectacular unseaworthiness of the vessel existing at the time the policy attaches constitutes concealment vitiating the AITH (Hulls) time policy. The District Judge, long experienced in maritime matters, on fact findings 1 that are not challenged, concluded that there was concealment and its consequence was the avoidance of the policy. From this it inevitably followed that he held the Insurer 2 not liable for the total loss of the vessel ten months later from a…
2Cases cited20 opinions
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
- The Tungus v. SkovgaardSupreme Court of the United States · 1959
- Saskatchewan Government Insurance Office v. Spot Pack, Inc.Court of Appeals for the Fifth Circuit · 1957
- Tropical Marine Products, Inc. v. Birmingham Fire Insurance Company of PennsylvaniaCourt of Appeals for the Fifth Circuit · 1957
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3Cited by70 opinions
- Albany Insurance Company v. Anh Thi KieuCourt of Appeals for the Fifth Circuit · 1991
- Cigna Property and Casualty Insurance Company Cigna Group of Companies David F. Allen Alliance Marine Risk Managers, Inc., Plaintiffs-Counter v. Polaris Pictures Corporation U.S. Inbanco, Ltd., Defendants-Counter- Claimants-Appellants. Cigna Property and Casualty Insurance Company Cigna Group of Companies David F. Allen Alliance Marine Risk Managers, Inc. v. Polaris Pictures Corporation U.S. Inbanco, Ltd. Rex K. De GeorgeCourt of Appeals for the Ninth Circuit · 1998
- D. J. McDuffie Inc. v. Old Reliable Fire Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
- Fireman's Fund Insurance v. Great American InsuranceDistrict Court, S.D. New York · 2014
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