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PACE v. INSURANCE CO. OF NORTH AMERICA

No. 86-2130.

838 F.2d 572 (1988)

John S. PACE, Plaintiff, Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 22, 1988.

Rehearing Denied February 19, 1988.

Attorney(s) appearing for the Case

Thomas E. Clinton, with whom Seth S. Holbrook and Clinton & Muzyka, P.C., Boston, Mass., were on brief, for defendant, appellant.

Robert W. Smith, with whom Edward L. Gnys, III and Gunning, Lafazia & Gnys, Inc., Providence, R.I., were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, and BOWNES and TORRUELLA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

This appeal involves an insurance claim based upon the sinking on March 25, 1984, in daylight hours and calm waters, of a 72-foot wooden Rhode Island fishing vessel "PATRIOT." The plaintiff-appellee, Pace, was the boat's owner and the defendant-appellant, Insurance Company of North America ("INA"), the issuer of a commercial hull policy in effect when the loss occurred.

The sinking resulted from an incursion of water which PATRIOT...

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