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· 6/30/2005

Folksamerica Reinsurance Company, as Successor in Interest to Christiania General Insurance Company of New York v. Clean Water of New York, Inc.

Citations

  • 413 F.3d 307
  • 2005 A.M.C. 1747
  • 2005 U.S. App. LEXIS 13041
  • 2005 WL 1532314

How courts have described this case

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

  • holding that an insurance contract providing coverage for losses sustained to vessels while undergoing repairs is a maritime contract
  • holding that an insurance policy is a maritime contract even when it does not cover an identified vessel or shipment
  • concluding that “the insurance contract at issue is primarily or principally concerned with maritime objectives, although there were incidental non-maritime elements”
  • holding insurance policy with both marine and land components fell within the court’s admiralty jurisdiction
  • noting that a CGL policy can void the watercraft exclusion with a “‘Watercraft Liability Coverage’ endorsement.”
  • holding that “prior to inquiring into the subject matter of the contract, we first make a ‘threshold inquiry’ into the subject matter of the dispute” (citing Atl. Mut. Ins. Co. v. Balfour MacLaine Int’l (In re Balfour MacLaine Int’l), 85 F.3d 68, 74-75 (2d Cir. 1996))

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Pooler, Wesley

Read full opinion on CourtListener

Sourced 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.