(Download) "Isbell Enterprises Inc. v. Citizens Casualty Co." by United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Isbell Enterprises Inc. v. Citizens Casualty Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 14, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
"Touching the Adventures and Perils which we, the said Underwriters, are contented to bear and take upon us, they are of the Seas, Men-of-War, Fire, Lightning, Earthquake, Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of Mart and Counter-Mart, Surprisals, Takings at Sea, Arrests, Restraints, and Detainments of all Kings, Princes and Peoples, of what nation, condition or quality soever, Barratry of the Master and Mariners and of all other like Perils, Losses and Misfortunes that have or shall come to the Hurt, Detriment or Damage of the said Vessel, &c., or any part thereof * * *." So goes the Marine Hull Insurance Policy. So goes also -- really went -- this case which began as a maritime action by Shipowner against the Underwriter for the constructive total loss of the fishing vessel Captain Cracker arising from actions by a crew member who, without authority, singlehandedly took her to sea from under the very eyes of three Shipyard people. With all of the romance that the quaint language of a Hull Policy conjures up, it looked fairly certain that in this latter day we would have to determine whether a crew member, obviously under mental aberrations, whose condition was diagnosed as a schizophrenic reaction of the acute undifferentiated type, and whose pre-Odyssey behavior was characterized by a psychiatrist witness as a psychotic state, could have, as the District Court held, the "willfulness" associated with barratry of master or crew and if, strictly speaking, he did not, then whether such taking was within the coverage for "all other like perils, losses, and misfortunes".
 "Isbell Enterprises Inc. v. Citizens Casualty Co." by United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free){kind=link}