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AETNA CASUALTY & SURETY CO. v. BELL

No. 6862.

390 F.2d 612 (1968)

The AETNA CASUALTY & SURETY CO., Defendant, Appellant, v. Conrad BELL, Jr., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

March 11, 1968.

Attorney(s) appearing for the Case

Joseph J. Magrath III, New York City, with whom Hernan G. Pesquera and Geigel, Silva & Pesquera, San Juan, P. R., were on brief, for appellant.

Gustavo A. Gelpi, Santurce, P. R., with whom Harvey B. Nachman and Nachman, Feldstein, Laffitte & Smith, San Juan, P. R., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Defendant Aetna Casualty & Surety Co., a Connecticut corporation, insured the yacht SCAMPI under a policy of marine insurance. In February 1960, as a result of a grounding in the British West Indies, the SCAMPI suffered damage, but remained sufficiently seaworthy to proceed. Plaintiff Bell, the owner, with defendant's approval, selected a yard in Puerto Rico for repairs. A dispute thereafter arose between the parties, not as to what Bell...

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