EAGLE STAR INSURANCE COMPANY LIMITED OF LONDON, ENGLAND, A FOREIGN CORPORATION, APPELLANT,
v.
DR. SOL M. ROSS, APPELLEE

Fla. 3d DCA | 1971-04-20
No. 70-640
Before BARKDULL, HENDRY and SWANN, JJ.
247 So. 2d 514 Florida District Court of Appeal, Third District (1971) Caution
Cited by 8 cases

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Synopsis

Eagle Star Insurance Company appealed a judgment for breach of a marine hull insurance policy covering an 18-foot vessel that sank while being towed near the Gulf Stream off Miami. The court affirmed coverage, holding that the policy's navigational limitation was ambiguous and must be construed against the insurer.


Holding

The court held that the policy was ambiguous regarding whether the navigational limitation restricted the vessel to waters within Florida's state boundaries, and applied the rule that ambiguous warranty language in marine hull policies must be construed strictly against the insurer in the assured's favor. Therefore, coverage was provided for the casualty.


Headnotes

[1] Marine hull insurance policies will be construed strictly in favor of the assured when a warranty would impose a great hardship.

[2] A marine hull insurance policy's navigational limits are strictly construed against the insurer when the language is ambiguous.

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Key Quotes

“We find the policy to be ambiguous and apply the well-settled rule that where a warranty in a marine hull insurance policy would work a great hardship, policy language will be construed quite strictly in the assured's favor.”

Establishes the court's interpretive rule for ambiguous marine insurance policy language, requiring strict construction against the insurer.

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Facts & Procedural History

Eagle Star issued a hull insurance policy on the 'Shik-Sea,' an 18-foot vessel owned by Sol M. Ross. While being towed by Ross's houseboat from Bimini…

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

The appellant, Eagle Star Insurance Company Limited of London, England (Eagle Star), the defendant below, seeks review of a final judgment entered in favor of the plaintiff after a non-jury trial for breach of a marine “hull” insurance provision.

Eagle Star issued a policy covering the “Shik-Sea,” an 18 foot vessel owned by the plaintiff, Sol M. Ross. Plaintiff’s claim for damages against Eagle Star resulted from a loss suffered by him when the “Shik-Sea” sank while being towed by plaintiff’s houseboat at a point near the main axis of the Gulf Stream about 20 miles from Miami. The sinking occurred during a return trip from Bimini to Miami while the “Shik-Sea” was being towed with no one aboard at about 6 to 7 knots on a 50 foot bridle. The seas were 3 to 4 feet, described by plaintiff as a “following sea.” The evening before, there had been rain but prior to leaving Bimini the bilge was checked and drained. Immediately after the sinking the power was applied to the houseboat which was doing the towing and this resulted in raising the “Shik-Sea.” Upon arriving in Miami, the hull was inspected and found to be sound.

*515Eagle Star denied coverage on the grounds that there was a breach of a navigational limitation; there was no coverage as a marine “peril,” and there was a failure of the insured to use due diligence at the time prior to the casualty.

The question presented is whether the trial court was correct in determining that under the marine hull insurance there was coverage of the marine casualty, in light of certain warranties and limitations of coverage in the policy:

“Special Conditions Navigational limits Warranted by the assured the within named vessel shall be confined to inland and coastal waters of the State of Florida.”
* * * * * * “Perils Touching the adventures and perils which we, the Assurers, are contented to bear, and do take upon us, they are all of the seas, rivers, lakes and/or other inland waters, fire, assailing theives, jettisons, 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 said yacht or any part thereof.”

Appellant contends that the trial court should have directed a verdict at the close of the plaintiff’s case and erred in finding that there was coverage.

Eagle Star contends that “inland, coastal waters of the State of Florida” means waters within the boundaries of the State of Florida and that the casualty occurred outside the boundaries of the State of Florida.

Eagle Star further asserts that there is no coverage as the “perils of the sea” provision includes only fortuitous events resulting in loss, and does not extend to the negligence, nor was it intended to cover negligence, of the owner-assurred. The trial court resolved these issues against appellant and no error has been shown in the record.

We find the policy to be ambiguous and apply the well-settled rule that where a warranty in a marine hull insurance policy would work a great hardship, policy language will be construed quite strictly in the assured’s favor. The instant policy does not expressly limit navigation to the state boundaries. If appellant had wished to limit navigation to the state boundaries, it could have done so in clear, unambiguous language.

We conclude that the casualty was covered and that no reversible error has been demonstrated. Therefore, the judgment appealed is affirmed.

Affirmed.


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Citator

Cited By

  • Stuyvesant Ins. Co. v. Alphonso Butler, 314 So. 2d 567 (Fla. 1975)
    …o. v. Cartmel, 87 Fla. 495, 100 So. 802 [*571] (1924). See also: Pennsylvania Nat. Mut. Casualty Insurance Co. v. Ritz, 284 So. 2d 474 (Fla.App.1973); Skinner v. Continental Casualty Co., 268 So. 2d 576 (Fla.App. 1972); Eagle Star Insurance v. Ross, 247 So. 2d 514 (Fla.App.1971); Quick v. National Indemnity Co., 231 So. 2d 22 (Fla.App.1970); Peerless Insurance Co. v. Sun Line Helicopters, Inc., 180 So. 2d 364 (Fla.App.1965). In view of the nature of the policy and the ambiguous use of the term “minor” in the…
  • Zautner v. Liberty Mut. Ins. Co., 382 So. 2d 106 (Fla. 3d DCA 1980)
    …nstruction of the provision in question that it insures all newly acquired boats or newly acquired “outboard motors.” See also Stuyvesant Ins. Co. v. Butler, 314 So. 2d 567 (Fla.1975), and cases cited; Eagle Star Ins. Co. of London, England v. Ross, 247 So. 2d 514 (Fla. 3d DCA 1971). The trial court was therefore required, as a matter of law, so to interpret the policy. See Ellenwood v. Southern United Life Ins. Co., 373 So. 2d 392 (Fla. 1st DCA 1979), and cases cited. Since there is no dispute that the plain…
  • AETNA Ins. Co. v. Dudney, 595 So. 2d 238 (Fla. 4th DCA 1992)
    …anty did not operate to defeat coverage and entered final judgment finding that the policy provided liability coverage for the crew member’s injury. The trial court chose to apply Florida law and relied on Eagle Star Insurance Company, Ltd. v. Ross, 247 So. 2d 514 (Fla. 3d DCA 1971) and Proprietors Insurance Co. v. Seigel, 410 So. 2d 993 (Fla. 3d DCA 1982) as authority for its ruling. The parties agree that a conflict exists between state and federal law as to whether a breach of a warranty that does not inc…

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