GULFSTREAM CARGO, LTD. v. RELIANCE INSURANCE COMPANY

No. 23109.

409 F.2d 974 (1969)

GULFSTREAM CARGO, LTD., Appellant, v. RELIANCE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 28, 1969.


Attorney(s) appearing for the Case

Paul E. Gifford, Miami, Fla., Dubbin, Schiff, Berkman & Dubbin, Miami, Fla., of counsel, for appellant.

G. Morton Good, Cromwell A. Anderson, Miami, Fla., Smathers & Thompson, Miami, Fla., of counsel, for appellee.

Before JOHN R. BROWN, Chief Judge, TUTTLE and GODBOLD, Circuit Judges.


JOHN R. BROWN, Chief Judge:

The question in this case is whether nondisclosure by the prospective assured of known facts reflecting spectacular unseaworthiness of the vessel existing at the time the policy attaches constitutes concealment vitiating the AITH (Hulls) time policy. The District Judge, long experienced in maritime matters, on fact findings1 that are not challenged, concluded that there...

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