· 5/7/1985
National Union Fire Insurance Company of Pennsylvania v. Carib Aviation, Inc., and Gregg C. Fiddyment
Citations
- 759 F.2d 873
- 1985 U.S. App. LEXIS 29395
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding insurance coverage for conversion applied where leased aircraft was “ditched” in the ocean with contraband; “In our view, Marchand’s unauthorized use of the aircraft, culminating in its destruction, constitutes conversion under Florida law.”
- where no requirement of lawful possession or entrustment is contained in exclusion, such requirement should not be read into policy
- court is not free to rewrite insurance policy or add meaning that is not there
- court is not free to rewrite insurance policy or add meaning that is not there
- “The essence of the tort is not the acquisition of the property; rather, it is the wrongful deprivation.”
- the essence of conversion is the wrongful deprivation, and not the acquisition of the property
Source: CourtListener parenthetical corpus (CC0).
Judges: Roney, Fay, Johnson
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.