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IRWIN v. EAGLE STAR INSURANCE COMPANY

No. 71-2348.

455 F.2d 827 (1972)

Millard V. IRWIN, owner of the YACHT "JOMIE", Plaintiff-Appellee, v. EAGLE STAR INSURANCE COMPANY, Ltd., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1972.

Attorney(s) appearing for the Case

Gerald M. Walsh, James V. Dolan, Ft. Lauderdale, Fla., for defendant-appellant.

G. E. Hartwig, Fort Lauderdale, Fla., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge:

Did the marine insurance policy issued by Eagle Star Insurance Company, Ltd., cover the loss of the yacht "Jomie"? Upon a complaint filed in admiralty the District Court held for the insured. We reverse.

The circumstances of the loss are not disputed.

One afternoon the "Jomie" was tied up at the dock, with no premonition of impending disaster. During the night, while unoccupied, the yacht sank. A one inch iron nipple in the...

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