Robinson v. Home Ins. Co.
| Decision Date | 25 October 1934 |
| Docket Number | No. 7401.,7401. |
| Citation | 73 F.2d 3 |
| Parties | ROBINSON et al. v. HOME INS. CO. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Wm. Hugh Stephens, of Savannah, Ga., and Edgar Watkins, of Atlanta, Ga., for appellants.
Geo. T. Cann, of Savannah, Ga., for appellee.
Before BRYAN, FOSTER, and WALKER, Circuit Judges.
This was an action by the appellants on a policy of insurance issued to them by the appellee whereby the fishing boat Libbie, her body, tackle, etc., were insured at and from noon June 16, 1931, until noon of June 16, 1932, the policy, the body of which was printed, containing on its face the typewritten provision: "Warranted laid up, during the entire term of the policy, at dock, St. Marys, Georgia." Appellants' petition as amended alleged that the Libbie was destroyed by fire about April 26, 1932, while it was tied up on the St. Marys river, on the Florida side thereof, at a point 31½ miles up the stream from the town of St. Marys, after having been removed, for the purpose of clearing it of barnacles and worms, from where, prior to about April 25, 1932, it had been tied up "in the edge of the town of St. Marys." The petition as amended contained allegations to the following effect: The change of the location of the insured vessel did not change or increase the danger from fire. It was necessary, on or about the 25th day of April, 1932, to move the Libbie further up the port of St. Marys into fresh water to rid the boat of barnacles or ship worms accumulated thereon while in salt water, and on or about the 16th day of April, 1932, plaintiff notified Haines, Rankin & Co., who had delivered the policy for defendant to plaintiff, that the boat was to be moved into fresh water, and the boat was thereafter moved into fresh water for the purpose aforesaid. Before, at, and after the time of the issuance of the policy sued on, the appellee knew that the Libbie was a boat used as a Menhaden Fishing Steamer, and that it was the usual, universal, customary, and general practice of those engaged in operating steamers in the Menhaden Fishing Steamers' territory to move such steamers from salt to fresh water while laid up. The court sustained a general demurrer to the petition as amended, and dismissed the suit.
The policy sued on is one of marine insurance. Ætna Ins. Co. v. Houston Oil & Transport Co. (C. C. A.) 49 F.(2d) 121. The above set out typewritten provision is clear and unambiguous, and by its express terms purports to be a warranty. It is an express stipulation as to the location of the insured vessel "during the entire term of the policy." That provision quite plainly shows that the appellee did not consent to be liable in the event of the loss or destruction of the named vessel occurring at a place other than the one specified in the provision. It negatives the conclusion that appellant agreed to be liable for the destruction of the vessel while it was tied up at a point on the Florida side of the St. Marys river 31½ miles up the stream from the town of St. Marys. Ætna Insurance Co. v. Houston Oil & Transport Co., supra; Coleman Furniture Corporation v. Home Ins. Co. (C. C. A.) 67 F.(2d) 347; Werner v. Travelers' Protective Ass'n (C. C....
To continue reading
Request your trial
-
Port Lynch, Inc. v. NEW ENGLAND INTERN. ASSURETY OF AM.
...Ins. Co. v. Cavanaugh, 732 F.2d 832 (11th Cir.), cert. denied, 469 U.S. 1036, 105 S.Ct. 512, 83 L.Ed.2d 402 (1984); Robinson v. Home Ins. Co., 73 F.2d 3 (5th Cir.1934), cert. denied, 294 U.S. 712, 55 S.Ct. 508, 79 L.Ed. 1246 (1935); Canton Ins. Office v. Indep. Transp. Co., 217 F. 213 (9th ......
-
Wilburn Boat Company v. Fireman Fund Insurance Company
...9 Cir., 217 F. 213, L.R.A.1915C, 408; Whealton Packing Co. v. Aetna Ins. Co., 4 Cir., 185 F. 108, 34 L.R.A.,N.S., 563; Robinson v. Home Ins. Co., 5 Cir., 73 F.2d 3; Fidelity-Phenix Ins. Co. v. Chicago Title & Trust Co., 7 Cir., 12 F.2d 573. 14. See Vance, The History of the Development of t......
-
Graham v. Milky Way Barge, Inc.
...insured has no right to recover on the policy, though that place is quite as safe as the one named in the policy. Robinson v. Home Insurance Co., 73 F.2d 3, 4 (5th Cir.1934) (citations omitted). The courts of the State of Louisiana hold to this strict application of policy exclusions, in th......
-
Graham v. Milky Way Barge, Inc.
...insured has no right to recover on the policy, though that place is quite as safe as the one named in the policy. Robinson v. Home Insurance Co., 73 F.2d 3, 4 (5th Cir.1934) (citations omitted). The courts of the State of Louisiana hold to this strict application of policy exclusions, in th......