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SIRIUS INS. CO. (UK) LTD. v. COLLINS

No. 818, Docket 93-7761.

16 F.3d 35 (1994)

SIRIUS INSURANCE COMPANY (UK) LIMITED, Minster Ins. Co. Ltd., the Prudential Assurance Company Limited, Commercial Union Assurance Company PLC, the Yorkshire Insurance Company Ltd., Ocean Marine Insurance Co., Northern Assurance Company Limited, English & American Insurance Company Ltd., Fuji International Insurance Company Limited, Nippon Insurance Company of Europe Limited, Switzerland Insurance Company (UK) Limited, Norwich Union Fire Insurance Society Ltd., London & Hull Maritime Insurance Company Limited, Andrew Weir Insurance Company Limited, Guardian Royal Exchange Assurance PLC, Colonia Insurance Company (UK) Limited, Allianz International Insurance Company, Cornhill Insurance Company Limited and Maritime Insurance Company Limited, Plaintiffs-Appellees, v. Paul M. COLLINS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 4, 1994.

Attorney(s) appearing for the Case

Perry S. Reich, Lindenhurst, N.Y. (Schapiro & Reich, Lindenhurst, N.Y., David Roth, Kressel, Rothlein & Roth, Massapequa, N.Y., of counsel), for Defendant-Appellant.

James W. Carbin, New York, N.Y. (Julia A. Meyer, Kroll & Tract, New York, New York, of counsel), for Plaintiffs-Appellees.

Before: MESKILL, KEARSE, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

The insured owner of a stolen pleasure boat appeals from a declaratory judgment entered after bench trial in the United States District Court for the Eastern District of New York (Leonard D. Wexler, Judge) holding that the plaintiff-insurers are not liable on the theft protection clause of a policy of vessel insurance, by reason of the insured's breach of conditions of coverage. Appellant contends first, that the action was not within the admiralty...

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