· 4/4/1995
Certain Underwriters at Lloyd's v. Ted Montford, AKA Theodore F. Montford
Citations
- 52 F.3d 219
- 95 Daily Journal DAR 4213
- 1995 A.M.C. 1201
- 95 Cal. Daily Op. Serv. 2442
- 1995 U.S. App. LEXIS 7498
- 1995 WL 142389
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that since both the federal admiralty rule and the California statue were the same, it was unnecessary to decide whether the result was under admiralty or California law
- holding that a marine insurer was entitled to void a policy under the duty of uberrimae fidei where the insurance applicant represented the “present market value” of a vessel when the applicant specifically asked for the purchase price
- holding that a marine insured was entitled to void a policy under the doctrine of uberrimae fidei where the insurance applicant represented the “present market value” of a vessel when the applicant specifically asked for the purchase price
- explaining that an insurance applicant's loss history is a fact material to the risk
- loss history, purchase price, and age of vessel was material as a matter of law
- “total loss on a vessel named the ‘Pamela Ann’ ” was a material fact that should have been disclosed, and so insurer could elect to void insurance policy
Source: CourtListener parenthetical corpus (CC0).
Judges: Beezer, Noonan, Ezra
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.