Dabney v. TD Bank, N.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Assuming that the threshold inquiry survives Kirby, the dispute here is sufficiently maritime in nature to withstand that inquiry.”
• finding that insurer could void marine pollution insurance policy where drydock owner failed to disclose information regarding the deterioration of the drydock and failure to perform necessary repairs
• stating that insurance “for pollution coverage for a [floating dry‐dock, a] structure used in vessel repair and maintenance . . . directly implicate[d] the business of maritime commerce”
• holding pollution insurance policy that covered the costs of removing a dry dock and the pollutants it produced upon sinking in navigable waters was a marine insurance contract subject to the doctrine of uberrimae fidei
• noting New York Appellate Divisions’ repeated endorsement of insured’s domicile as proxy for principal location of risk where insured risk arises in multiple states
• finding primary objective of pollution coverage of dry dock was “marine in nature” where it “insure[d] against the risk of liability for pollutants emitted during [owner]’s ship repair and maintenance operations there”

Source: CourtListener parenthetical corpus (CC0).