T&T: uberrimae fidei.....
LA Licata
lalicata at alum.rpi.edu
Wed Oct 1 10:05:54 EDT 2008
The US Court of Appeals for the Third Circuit ruled that the federal
maritime doctrine of uberrimae fidei applies to a claim under a
maritime insurance policy for loss of a yacht where the insured
misrepresented the purchase price of the yacht. In 1997, the insured
purchased the yacht for $400,000. He then obtained financing and
insurance for the yacht, asserting that he paid $600,000 therefor.
The insurance company did not discover the disparity until the
insured filed a claim after the yacht sank. The court upheld its
refusal to pay the claim. AGF Marine Aviation & Transport v. Cassin,
No. 07-1640 (3rd Cir., September 29, 2008).
<http://www.ca3.uscourts.gov/opinarch/071640p.pdf>
or
http://tinyurl.com/4acz76
[demime 1.01d removed an attachment of type application/pkcs7-signature which had a name of smime.p7s]
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