HANOVER FIRE INSURANCE COMPANY v. HOLCOMBE

No. 15406.

223 F.2d 844 (1955)

HANOVER FIRE INSURANCE COMPANY, Appellant, v. Harold W. HOLCOMBE, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 5, 1955.


Attorney(s) appearing for the Case

Henry N. Longley, New York City, David W. Dyer, Douglas D. Batchelor, Miami, Fla., Bigham, Englar, Jones & Houston, New York City, Smathers, Thompson, Maxwell & Dyer, Miami, Fla., for appellant.

Martin D. Von Zamft, Miami, Fla., Darrey A. Davis, Miami Beach, Fla., Von Zamft & Kravitz, Miami, Fla., Sibley & Davis, Miami Beach, Fla., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


HUTCHESON, Chief Judge.

Alleging that the vessel Doromar had been insured by the defendant against loss by fire, and that, while the policy was in force, the Doromar burned and sank and became a total loss, plaintiff sued to recover the loss.

The defendant, admitting that, under the terms of the policy, burning and sinking were perils insured against, pleaded as a separate and complete defense an express warranty of seaworthiness and that the vessel was unseaworthy...

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