99 F.3d 1145 (9th Cir. 1996), 95-35876, Crowley Marine Services, Inc. v. Hunt

Docket Nº:95-35876.
Citation:99 F.3d 1145
Party Name:CROWLEY MARINE SERVICES, INC., a Delaware corporation, f/k/a Puget Sound Tug & Barge Company, a Washington corporation, Plaintiff-Appellant, v. Paul HUNT, an Underwriter at Lloyd's of London, on behalf of himself and all those other Lloyd's Underwriters subscribing to insurance policy PY036790; Underwriters at Lloyd's of London, etc., et al.; Insti
Case Date:October 25, 1996
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 1145

99 F.3d 1145 (9th Cir. 1996)

CROWLEY MARINE SERVICES, INC., a Delaware corporation, f/k/a Puget Sound Tug & Barge Company, a Washington corporation, Plaintiff-Appellant,

v.

Paul HUNT, an Underwriter at Lloyd's of London, on behalf of himself and all those other Lloyd's Underwriters subscribing to insurance policy PY036790; Underwriters at Lloyd's of London, etc., et al.; Institute of London Underwriters; Indemnity Marine Assurance Co. Ltd.; Commercial Union Insurance Company; Threadneedle Insurance Company, Ltd., Defendants-Appellees.

No. 95-35876.

United States Court of Appeals, Ninth Circuit

October 25, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Argued and Submitted Oct. 10, 1996.

1997 A.M.C. 608

Appeal from the United States District Court for the Western District of Washington, No. CV-93-01334-JCC; John C. Coughenour, District Judge, Presiding.

W.D.Wash., 1995 WL 694094.

AFFIRMED.

Before: BROWNING, D.W. NELSON, and FERNANDEZ, Circuit Judges.

MEMORANDUM [*]

Crowley Marine Services, formerly Puget Sound Tug & Barge Co. ("Crowley"), appeals the district court's grant of summary judgment in favor of certain underwriters at Lloyd's of London ("underwriters") in a maritime insurance coverage dispute. The underwriters subscribed to maritime insurance policies on which the Washington State Department of Transportation ("DOT") was a named insured, and DOT sought to add a Crowley barge to the policies pursuant to a charter agreement with Crowley. Crowley alleges that the underwriters failed to fulfill their obligation to provide defense and coverage on claims related to the death of a Crowley employee. We affirm the district court's conclusion that the underwriters had no such obligation because the maritime contract setting forth the terms of coverage was a bareboat charter that had not commenced on the date of the accident. We do not reach the question of whether Crowley violated the duty of uberrimae fidei, or "utmost good faith" by failing to disclose Sugden's death.

We review de novo a grant of summary judgment. Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are any genuine issues of material fact and whether...

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