CONTINENTAL INS. CO. v. HERSENT OFFSHORE, INC.

No. 34, Docket 77-7089.

567 F.2d 533 (1977)

The CONTINENTAL INSURANCE COMPANY, Plaintiff-Appellant, v. HERSENT OFFSHORE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 21, 1977.


Attorney(s) appearing for the Case

Timothy A. Hanan, New York City (Macklin, Hanan & McKernan, New York City), for plaintiff-appellant.

Stephen Gillers, New York City (Warner & Gillers, P. C., New York City; Kenneth E. Warner, New York City, of counsel), for defendant-appellee.

Before GURFEIN and VAN GRAAFEILAND, Circuit Judges, and COFFRIN, District Judge.


VAN GRAAFEILAND, Circuit Judge:

During the night of December 16, 1972, a 135 foot barge, bareboat leased to Hersent Offshore, Inc., and insured by Continental Insurance Company, capsized in Long Island Sound while moored about a mile offshore. This is an appeal from an interlocutory judgment following a non-jury trial in the United States District Court for the Southern District of New York, holding Continental liable to Hersent for losses covered by its Hull Policy...

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