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UNDERWRITERS AT LLOYD'S v. LABARCA

No. 00-2142.

260 F.3d 3 (2001)

UNDERWRITERS AT LLOYD'S, and the Cox Syndicate at Lloyd's, Plaintiff, Appellee, v. Carlos H. LABARCA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 2, 2001.

Attorney(s) appearing for the Case

Carlos J. Quilichini for appellant.

José F. Sárraga with whom Jorge L. Arroyo were on brief for appellee.

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

LEVIN H. CAMPBELL, Senior Circuit Judge.

On June 5, 1999, the M/V GYPSY sank at her slip in San Juan Bay Marina, San Juan, Puerto Rico. Defendant Carlos Labarca, the owner of the GYPSY, filed a claim with the vessel's insurer, plaintiff Underwriters at Lloyd's ("Underwriters"). Underwriters denied coverage under the marine insurance policy, asserting that the policy explicitly excluded coverage for two reasons: (1) GYPSY was unseaworthy and her unseaworthy condition...

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