Fireman's Fund American Insurance v. Capt. Fowler's Marina, Inc.

MEMORANDUM AND ORDER

GARRITY, District Judge.

This case arises out of a contract for the winter storage of a yacht and is brought under the maritime and admiralty jurisdiction of the court. The complaint alleges that during the term of the storage agreement between defendant and the yacht’s owner (plaintiff’s subrogor), defendant breached said agreement by permitting the yacht to be partially destroyed by fire, a result which could have been avoided but for the negligence of defendant, its agents and servants. On the basis of the evidence adduced at trial and stipulations submitted, and upon…