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PACIFIC INDEMNITY COMPANY v. SUSSEX

No. 66-59.

264 F.Supp. 865 (1967)

PACIFIC INDEMNITY COMPANY, a corporation, Libelant, v. Hugh SUSSEX, T. M. Harmer and Eugene G. Hulett as United States Marshal for the District of Oregon, Respondents.

United States District Court D. Oregon.

March 2, 1967.

Attorney(s) appearing for the Case

Kenneth Roberts, Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for libelant.

Gunther Krause, Portland, Or., for respondents.

MEMORANDUM OPINION

von der Heydt, District Judge.

The Pacific Indemnity Company (Pacific) seeks a declaratory judgment of non-liability under a policy of hull insurance for the sinking of respondents' yacht, DUET. Pacific contends that the sinking was caused by DUET'S unseaworthiness and not by any peril of the sea covered by its policy. It also contends that if the policy does apply, respondents' recovery must be limited to $850 plus salvage costs, because...

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