Legal Opinion
Millard v. Irwin, Owner of the Yacht "Jomie" v. Eagle Star Insurance Company, Ltd.
Court of Appeals for the Fifth Circuit
Decided April 13, 1972No. 71-2348PublishedCited by 35 opinions
1Opinion of the Court
COLEMAN, Circuit Judge:
Did the marine insurance policy issued by Eagle Star Insurance Company, Ltd., cover the loss of the yacht “Jom-ie”? Upon a complaint filed in admiralty the District Court held for the insured. We reverse.
The circumstances of the loss are not disputed.
One afternoon the “Jomie” was tied up at the dock, with no premonition of impending disaster. During the night, while unoccupied, the yacht sank. A one inch iron nipple in the piping of the air conditioning system broke within approximately six months of its installation by an independent air conditioning firm. The iron…
2Cases cited5 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
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- Wilburn Boat Co. v. Fireman's Fund Ins. CoCourt of Appeals for the Fifth Circuit · 1953
- Egan v. Washington General Insurance CorporationDistrict Court of Appeal of Florida · 1970
3Cited by35 opinions
- Albany Insurance Company v. Anh Thi KieuCourt of Appeals for the Fifth Circuit · 1991
- Gulf Tampa Drydock Company v. Great Atlantic Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1985
- Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
- Ed and Fred, Inc. v. Puritan Marine Insurance Underwriters Corp., Mid Atlantic Insurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1975
- Walter v. Marine Office of AmericaCourt of Appeals for the Fifth Circuit · 1976
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