CAY DIVERS, INC. v. RAVEN

Civ. No. 1984/137.

627 F.Supp. 453 (1986)

CAY DIVERS, INC., a corporation, Do-It Fluid Watersports, Inc., M/V CAY DIVER, Ronald Cutler and Howard Wilson, Plaintiffs, v. Frederick Charles RAVEN, as Representative of Certain Underwriters of Lloyds of London Subscribing to that Certain Certificate of Insurance, No. 81.1184, Defendant.

District Court, Virgin Islands, D. St. Croix.

January 17, 1986.


Attorney(s) appearing for the Case

Joel H. Holt, 51-ABC Co., Christiansted, St. Croix, V.I., for plaintiff Do-it Fluid Watersports, Inc.

Warren B. Cole, Isherwood, Hunter & Colianni, Christiansted, St. Croix, V.I., for defendant.


MEMORANDUM OPINION

DAVID V. O'BRIEN, District Judge.

The issue presented in this motion for summary judgment is whether an insurer is relieved of its duty to indemnify when its insured settles a lawsuit over the carrier's objection. We hold that under the circumstances of this case, the insurer is relieved.

I. FACTS

The plaintiffs, ("Do-It Fluid"), two related corporations and their employees, operated a dive shop on St. Croix. The defendant...

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