Legal Opinion

Reliance Insurance Company v. The Yacht Escapade Ex the Thor II Etc., Reliance Insurance Company v. Howard Bond

Court of Appeals for the Fifth Circuit

Decided June 17, 1960No. 18017, 18018PublishedCited by 65 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

We here test whether the District Court was correct in determining that by conduct of the underwriter subsequent to a loss it either waived or was estopped from asserting an acknowledged breach of the warranty of private pleasure use of a yacht hull policy. The significance of the Sue and Labor Clause in solving that problem may be at the heart of the case.

While ostensibly in the form of two separate proceedings,1 this is in reality *484a single case which grows out of the substantial damage sustained by the Yacht Escapade as a result of stranding near Cat Cay in the…

2Cases cited18 opinions

  1. C. E. Carnes & Co. v. Employers' Liability Assur. Corp., Ltd. of LondonCourt of Appeals for the Fifth Circuit · 1939
  2. Saskatchewan Government Insurance Office v. Spot Pack, Inc.Court of Appeals for the Fifth Circuit · 1957
  3. Tropical Marine Products, Inc. v. Birmingham Fire Insurance Company of PennsylvaniaCourt of Appeals for the Fifth Circuit · 1957
  4. Henjes v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1943
  5. Home Ins. Co. v. Ciconett. Ciconett v. Home Ins. CoCourt of Appeals for the Sixth Circuit · 1950

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

3Cited by65 opinions

  1. Swire Pacific Holdings, Inc. v. Zurich Ins. Co.Supreme Court of Florida · 2003
  2. William F. Walker, Jr., Claimants-Appellants v. Arthur E. Harris, D/B/A Arthur Harris Marine TowingCourt of Appeals for the Fifth Circuit · 1964
  3. López Castro v. Atlantic Southern InsuranceSupreme Court of Puerto Rico · 2003
  4. Lillian Reisman v. New Hampshire Fire Insurance CompanyCourt of Appeals for the Fifth Circuit · 1963
  5. Blasser Bros. v. Northern Pan-American LineCourt of Appeals for the Fifth Circuit · 1980

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

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