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KANSAS CITY FIRE AND MARINE INSURANCE CO. v. KEITH

No. 18387.

284 F.2d 944 (1960)

KANSAS CITY FIRE AND MARINE INSURANCE COMPANY, Appellant, v. William N. KEITH, Appellee.

United States Court of Appeals Fifth Circuit.

December 19, 1960.

Attorney(s) appearing for the Case

Cornelius G. Van Dalen and Christopher Tompkins, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel, for appellant.

Gibson Tucker, Jr. and Tucker & Schonekas, New Orleans, La., for appellee.

Before TUTTLE, Chief Judge, and BROWN and WISDOM, Circuit Judges.

PER CURIAM.

After a jury trial in which the jury found against the Underwriter's contention that the total loss of the Gayle, a converted mine sweeper operating as a tuna vessel, resulted from basic unseaworthiness rather than an insured peril, the appeal is now narrowed to the asserted error in not submitting to the jury the question of the amount of insurance. The insurance was effected by a binder for AIT (Hulls) coverage, excluding Inchmaree clause, which stated...

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