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GIBBS v. HAWAIIAN EUGENIA CORP.

No. 1194, Docket 91-9270.

966 F.2d 101 (1992)

Caryl A. Vaughn GIBBS, Individually and as Representative of all Members of the Syndicates at Lloyd's London Severally Subscribing to Lloyd's Policy No. 601/BS 11654, Plaintiff-Appellee, v. HAWAIIAN EUGENIA CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 8, 1992.

Attorney(s) appearing for the Case

Christopher P. Keane, New York City (Keane and Marlowe, on the brief), for defendant-appellant.

William Warner, New York City (Symmers, Fish & Warner, on the brief), for plaintiff-appellee.

Before: LUMBARD, NEWMAN, and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This case presents issues concerning the rights of an insurer who has honored a claim under a marine insurance policy when the indemnified insured releases a third party allegedly liable for the loss. The question presented is whether the execution of the release in the circumstances of this case destroyed an enforceable right of subrogation on the part of the insurer. Hawaiian Eugenia Corporation ("Hawaiian") appeals from the September...

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