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HILTON OIL TRANSPORT v. JONAS

No. 94-5254.

75 F.3d 627 (1996)

HILTON OIL TRANSPORT, a foreign entity, Plaintiff-Counter-Defendant-Appellee, v. T.E. JONAS, as lead underwriter, and all of those Lloyd's of London Underwriters subscribing to Policy number BH 89 3404, Cornhill Insurance PLC, as lead underwriter, and all those members of the Institute of London Underwriters subscribing to Policy number BH 89 3404, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Corrected March 25, 1996.

Attorney(s) appearing for the Case

Timothy J. Armstrong, Armstrong & Mejer, P.A., Coral Gables, FL, William J. McAndrews, Mendes & Mount, New York City, for appellants.

Richard J. McAlpin, Mitchell, McAlpin & Assoc., Miami, FL, for appellee.

Before COX, Circuit Judge, DYER, Senior Circuit Judge, and GOETTEL, Senior District Judge.

DYER, Senior Circuit Judge:

Claiming that the barge "Hilton" became a constructive total loss as the result of a storm, the owner, Hilton Oil Transport, sued T.E. Jonas, et al. (Underwriters) to recover under its policy of marine insurance. Underwriters denied liability based upon the breach of several warranties, including a trading limits warranty. The district court found against the Underwriters and entered summary judgment for Hilton Oil Transport. We conclude...

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