Monday, February 11th, 2008...8:53 am

9th Cir: Marine Insurance

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The 9th Circuit has affirmed Judge John Sedwick’s judgment for Lloyds of London, holding

1) the doctrine of uberrimae fidei (”the utmost good faith rule”) is a judicially-established federal admiralty rule that applies to marine insurance;

2) vessel pollution insurance is a form of marine insurance; and

3) on their application for insurance, the vessel owners failed to disclose facts material to the insurance risks undertaken by Lloyds.

The Court of Appeals, thus, affirmed Sedwick’s decision to void the policy that Lloyds issued to the Alaska vessel owners.

Certain Underwriters at Lloyds, London v. Inlet Fisheries Incorporated, 2008 WL 351688 (9th Cir. Feb. 11, 2008).

Christopher Nicoll of Seattle’s Nicoll Black represented the  carriers.   John Treptow of Anchorage’s Dorsey & Whitney represented the vessel owners.

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