OPE SHIPPING, LTD. v. ALLSTATE INS. CO., INC.

No. 693, Docket 81-7701.

687 F.2d 639 (1982)

OPE SHIPPING, LTD. and El Porvenir Shipping Company, Inc., Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, INC., United States Fidelity & Guaranty Companies, Inc., Various British Underwriters and Underwriters at Lloyds, Defendants-Appellees. VADOR SHIPPING, LTD., and Cia. de Navegacion La Libertad, S.A., Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, INC., United States Fidelity & Guaranty Companies, Inc., Various British Underwriters and Underwriters at Lloyds, Defendants-Appellees. AGUA SHIPPING, LTD., and Cia. De Navegacion Corinto, S.A., Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, INC., United States Fidelity & Guaranty Companies, Inc., Various British Underwriters and Underwriters at Lloyds, Defendants-Appellees. DURAS SHIPPING, LTD., and Nicaraguense, S.A., Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, INC., United States Fidelity & Guaranty Companies, Inc., Various British Underwriters and Underwriters at Lloyds, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 30, 1982.


Attorney(s) appearing for the Case

Joseph F. De May, Jr., New York City (Victor S. Cichanowicz, Alfred F. Koller, Jr., and Cichanowicz & Callan, New York City, on the brief), for plaintiffs-appellants.

Michael J. Ryan, New York City (Frank H. Loomis and Hill, Betts & Nash, New York City, on the brief), for defendants-appellees Marine Risk Underwriters.

Brendan J. Connolly, New York City (Mendes & Mount, New York City, on the brief), for defendants-appellees War Risk Underwriters.

Before WATERMAN, VAN GRAAFEILAND and MESKILL, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

Plaintiffs appeal from orders and a judgment of the United States District Court for the Southern District of New York, 521 F.Supp. 342, Pollack, J., denying them recovery of the insured value of four ships. We affirm in part and reverse in part.

In June, 1979, the El Salvador, the Hope, the Managua and the Honduras were owned respectively by three Panamanian...

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