WINEGARNER v. SOUTH CAROLINA INS. CO.

No. 80-2195.

403 So.2d 571 (1981)

Jimmy WINEGARNER, Appellant, v. SOUTH CAROLINA INSURANCE COMPANY, an Insurance Company Authorized to Do Business in the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 9, 1981.


Attorney(s) appearing for the Case

Charles J. Cheves of Cheves & Rapkin, Venice, for appellant.

Andrew D. Owens, Jr. and Daniel A. Carlton of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, Sarasota, for appellee.


DANAHY, Judge.

Appellee issued a yacht policy covering appellant's 31-foot Chris Craft. The policy, a "named perils" policy, insured against loss caused by "negligence of master, mariners, engineers, or pilots." Appellant negligently caused his boat to sink and brought this suit to recover proceeds under the policy for the loss.

Appellee asserted four affirmative defenses, the first being that the negligence of the owner of the boat is not included in the...

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