Legal Opinion

Certain Underwriters at Lloyds v. Inlet Fisheries Inc.

Court of Appeals for the Ninth Circuit

Decided February 11, 2008No. 06-35383PublishedCited by 23 opinions

1Opinion of the Court

McKEOWN, Circuit Judge:

This case involves the interplay between an ancient legal doctrine and contemporary vessel pollution insurance. Historically, all insurance policies were contracts uberrimae fidei, meaning that both parties were held to the highest standard of good faith in the transaction. The doctrine of uberrimae fidei was grounded both in morality and efficiency; insureds were considered morally obligated to disclose all information material to the risk the insurer was asked to shoulder, but such a principle was also an economic necessity where insurers had no reasonable means of…

2Cases cited24 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Kossick v. United Fruit Co.Supreme Court of the United States · 1961
  3. Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
  4. Insurance Co. v. DunhamSupreme Court of the United States · 1871
  5. Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924

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

3Cited by23 opinions

  1. Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
  2. Fireman's Fund Insurance v. Great American InsuranceDistrict Court, S.D. New York · 2014
  3. Galilea, LLC v. AGCS Marine Insurance Co.Court of Appeals for the Ninth Circuit · 2018
  4. Great Lakes Reinsurance (UK) PLC v. Durham Auctions, Inc.Court of Appeals for the Fifth Circuit · 2009
  5. AGF Marine Aviation & Transport v. Richard C. Cassin CIT Group/Sales Financing, Inc.Court of Appeals for the Third Circuit · 2008

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

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