Legal Opinion

The Continental Insurance Company v. Hersent Offshore, Inc.

Court of Appeals for the Second Circuit

Decided November 21, 1977No. 34, Docket 77-7089PublishedCited by 7 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

During the night of December 16, 1972, a 135 foot barge, bareboat leased to Hersent Offshore, Inc., and insured by Continental Insurance Company, capsized in Long Island Sound while moored about a mile offshore. This is an appeal from an interlocutory judgment following a non-jury trial in the United States District Court for the Southern District of New York, holding Continental liable to Hersent for losses covered by its Hull Policy.

The district judge found that the barge capsized as the result of a combination of three factors: a storm of gale proportions,…

2Cases cited9 opinions

  1. Boudoin v. Lykes Bros. Steamship Co.Supreme Court of the United States · 1955
  2. Dorr v. Pacific InsuranceSupreme Court of the United States · 1822
  3. Tomas Aguirre, Jr., Apolinar Compean, and Wilhelm Seafoods, Inc. v. Citizens Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1971
  4. Allen N. Spooner & Son, Inc., Libelant-Appellant v. The Connecticut Fire Insurance Co.Court of Appeals for the Second Circuit · 1963
  5. Shamrock Towing Co. v. American Ins. Co.Court of Appeals for the Second Circuit · 1925

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Atl. Specialty Ins. Co. v. Coastal Envtl. Grp., Inc.Court of Appeals for the Second Circuit · 2019
  2. The Darien Bank v. The Travelers Indemnity Company, Jack Gore v. The Travelers Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1981
  3. Continental Insurance v. Lone Eagle Shipping Ltd.District Court, S.D. New York · 1997
  4. Lloyd's U.S. Corp. v. SmallwoodDistrict Court, M.D. Florida · 1989
  5. Acadia Insurance v. Allied Marine Transport LLCDistrict Court, D. Maine · 2001

2 more not listed; retrieve them via the Exa API.

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