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AGF MARINE AVIATION & TRANSPORT v. CASSIN

Nos. 07-1640, 07-1641.

544 F.3d 255 (2008)

AGF MARINE AVIATION & TRANSPORT v. Richard C. CASSIN CIT Group/Sales Financing, Inc.; United States of America Small Business Administration, Intervenor-Defendants in District Court. Richard C. Cassin, Appellant in 07-1640. CIT Group/Sales Financing, Inc., Appellant in 07-1641.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 29, 2008.

Attorney(s) appearing for the Case

Gregory H. Hodges, Esq. (Argued), Dudley, Topper & Feuerzeig, Charlotte Amalie, St. Thomas, USVI, Counsel for AGF Marine Aviation Transport.

Kevin F. D'Amour, Esq. (Argued), Ogletree, Deakins, Nash, Smoak & Stewart, Charlotte Amalie, St. Thomas, USVI, Counsel for Richard C. Cassin.

Alexandra L. Bartsch, Esq. (Argued), Lexington, MA, Carol G. Hurst, Esq., Charlotte Amalie, St. Thomas, USVI, Counsel for CIT Group/Sales Financing, Inc.

Before: RENDELL, FUENTES, and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Richard Cassin filed a claim for insurance with AGF Marine Aviation & Transport ("AGF") after his 85-foot charter yacht (the "Yacht") sank off the coast of Grenada. Upon reviewing the claim, AGF discovered that Cassin misrepresented the purchase price of the Yacht and sought a declaration from the District Court for the Virgin Islands that Cassin's insurance policy was void from its inception. The District...

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