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

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