Commercial Union Insurance v. Pesante

MEMORANDUM AND ORDER

TORRES, Chief Judge.

INTRODUCTION

Commercial Union Insurance Company (“Commercial Union”) brought this action seeking a declaratory judgment that it is not liable on a marine insurance policy issued to Dean Pesante (“Pesante”) because Pesante breached an express warranty that the covered vessel would be used only for lobstering.

Commercial Union has moved for summary judgment and the issue presented is whether Pesante’s breach of warranty negates coverage under his policy. Because this Court answers that question in the negative, Commercial Union’s motion for summary judgment…