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GRUPO PROTEXA, S.A. v. ALL AMERICAN MARINE SLIP

Nos. 90-6048, 91-5109.

954 F.2d 130 (1992)

GRUPO PROTEXA, S.A., a Company organized under the laws of the Republic of Mexico, and Condux, S.A. de C.V., a company organized under the laws of the Republic of Mexico, Appellants in 90-6048, v. ALL AMERICAN MARINE SLIP, A DIVISION OF MARINE OFFICE OF AMERICA CORPORATION, a New York Corporation; AFIA, a Delaware Corporation; and CIGNA, a Delaware Corporation, Appellants in 91-5109.

United States Court of Appeals, Third Circuit.

Decided January 8, 1992.

Rehearing Denied February 3, 1992.

Attorney(s) appearing for the Case

Riker, Danzig, Scherer, Hyland & Perretti, Morristown, N.J. (Gerald A. Liloia, of counsel) and (Kenneth M. Van Deventer (argued), Glenn D. Curving, on the brief), for Grupo Protexa, S.A. and Condux, S.A. de C.V.

Liddell, Sapp, Zivley, Hill & LaBoon, Houston, Tex. (Harold K. Watson (argued), Gregory F. Burch, of counsel), for All American Slip, AFIA and CIGNA.

Before BECKER and ALITO, Circuit Judges and HUYETT, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

Assureds under a marine insurance policy sought to recover the cost of removing a sunken vessel. The marine insurance policy covered removal costs if the removal was "compulsory by law." Two insurance companies denied the claim. After a bench trial, the district court entered judgment for the insurance companies, holding that the removal was not "compulsory by law" and that the assureds had not acted as prudent...

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