INSURANCE CO., ETC. v. JOHN J. BORDLEE

Civ. A. No. 80-754.

507 F.Supp. 845 (1981)

INSURANCE COMPANY OF NORTH AMERICA et al. v. JOHN J. BORDLEE CONTRACTORS, INC.

United States District Court, E. D. Louisiana.

February 11, 1981.


Attorney(s) appearing for the Case

Donald Hoffman, New Orleans, La., for INA and Allstate.

Gerard Gelpi, New Orleans, La., for Bordlee Contractors.


CHARLES SCHWARTZ, Jr., District Judge.

Resolution of these cross-motions for summary judgment turns upon our interpretation of a clause contained in a policy of marine hull insurance issued by plaintiffs to defendant. Plaintiffs, Insurance Company of North America and Allstate Insurance Company (INA and Allstate) contend that the clause in question is an express warranty of seaworthiness which was breached by the insured thereby voiding the policy. Defendant-insured...

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