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AFUNDAY CHARTERS, INC. v. ABC INS. CO.

No. 19-1112, No. 19-1114.

997 F.3d 390 (2021)

AFUNDAY CHARTERS, INC., Plaintiff, v. ABC INSURANCE COMPANY, Defendant, Spencer Yachts, Inc., Defendant, Cross-Claimant, Third-Party Plaintiff, Joseph Daniel Spencer, Defendant, Cross-Claimant, Third-Party Plaintiff, Appellant, v. Sean Alonzo; Anthony Norman Sabga, Third-Party Defendants, Appellees, Trinidad and Tobago Insurance Limited; ABC Insurance Company, Third-Party Defendants, Chubb Corporation; Ace American Insurance Company; Chubb Insurance Company, f/k/a Ace American Insurance Company, Cross-Defendants. Afunday Charters, Inc., Plaintiff, v. ABC Insurance Company, Defendant, Joseph Daniel Spencer, Defendant, Cross-Claimant, Third-Party Plaintiff, Spencer Yachts, Inc., Defendant, Cross-Claimant, Third-Party Plaintiff, Appellant, v. Sean Alonzo; Anthony Norman Sabga, Third-Party Defendants, Appellees, Trinidad and Tobago Insurance Limited; ABC Insurance Company, Third-Party Defendants, Chubb Corporation; Ace American Insurance Company; Chubb Insurance Company, f/k/a ACE American Insurance Company, Cross-Defendants.

United States Court of Appeals, First Circuit.

May 13, 2021.

Attorney(s) appearing for the Case

James W. Stroup , with whom Stroup & Martin, P.A., Fort Lauderdale, FL, Alberto J. Castañer-Padro, III , and Castañer & Cia P.S.C. were on brief, for appellant Joseph Daniel Spencer.

David Y. Loh , with whom KMA Zuckert LLC was on brief, for appellant Spencer Yachts, Inc.

Clay M. Naughton , with whom Michael T. Moore and Moore & Company, P.A., Coral Gables, FL, were on brief, for appellees.

Before Kayatta, Lipez, and Barron, Circuit Judges.

This admiralty proceeding arises out of the grounding and constructive total loss of a brand-new seventy-four-foot yacht. Afunday Charters, Inc., had purchased the yacht from its builder, Spencer Yachts, Inc. Those on board the yacht at the time of the grounding included Sean Alonzo — who was hired by Afunday's owner...

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