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CERTAIN UNDERWRITERS AT LLOYDS v. INLET FISHERIES

No. 06-35383.

518 F.3d 645 (2008)

CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Plaintiff-Appellee, v. INLET FISHERIES INCORPORATED; Inlet Fish Producers Incorporated, Defendants-Appellants, v. Totem Agencies Incorporated; American E & S Insurance Brokers California Incorporated, Third-party-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2008.

Attorney(s) appearing for the Case

John A. Treptow, Dorsey & Whitney LLP, Anchorage, AK, for the defendant-appellants.

Christopher W. Nicoll and Larry E. Altenbrun, Nicoll Black & Feig PLLC, Seattle, WA, for the plaintiff-appellee.

Before: M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and WILLIAM W SCHWARZER, District Judge.

McKEOWN, Circuit Judge:

This case involves the interplay between an ancient legal doctrine and contemporary vessel pollution insurance. Historically, all insurance policies were contracts uberrimae fidei, meaning that both parties were held to the highest standard of good faith in the transaction. The doctrine of uberrimae fidei was grounded both in morality and efficiency; insureds were considered morally obligated to disclose all information material...

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