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RELIANCE INSURANCE COMPANY v. THE ESCAPADE

Nos. 18017, 18018.

280 F.2d 482 (1960)

RELIANCE INSURANCE COMPANY, Appellant, v. THE Yacht ESCAPADE ex THE THOR II etc., et al., Appellees. RELIANCE INSURANCE COMPANY, Appellant, v. Howard BOND, Appellee.

United States Court of Appeals Fifth Circuit.

June 17, 1960.

Attorney(s) appearing for the Case

Cromwell A. Anderson, Hervey Yancey, Miami, Fla. (Smathers, Thompson & Dyer, Miami, Fla., of counsel), for appellant.

W. F. Parker, David M. Turner, Miami, Fla., for appellees in Nos. 18017, 18018.

W. F. Parker, Robert M. Thomson, Miami, Fla., for appellees in No. 18018.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

We here test whether the District Court was correct in determining that by conduct of the underwriter subsequent to a loss it either waived or was estopped from asserting an acknowledged breach of the warranty of private pleasure use of a yacht hull policy. The significance of the Sue and Labor Clause in solving that problem may be at the heart of the case.

While ostensibly in the form of two separate proceedings,

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