AETNA INSURANCE COMPANY, APPELLANT,
v.
KENNETH L. DUDNEY, BARBARA M. DUDNEY AND PAMELA BARRY SNYDER A/K/A PAMELA BARRY SCHNEIDER, F/K/A PAMELA BARRY, APPELLEES
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Aetna Insurance Company appealed a declaratory judgment finding coverage under a marine insurance policy for a yacht injury claim despite the yacht's breach of a navigational limit warranty. The court reversed, holding that federal admiralty law, not Florida state law, governs the interpretation of navigational limit warranties in marine insurance contracts, and under federal law a breach of such a warranty defeats coverage regardless of whether the breach increased the hazard.
Federal law governs the interpretation of navigational limit warranties in marine insurance contracts, and under established federal admiralty law, a breach of a navigational limit warranty defeats coverage even if the breach did not increase the hazard that caused the loss. Therefore, no coverage existed because the yacht was in Nassau, clearly outside the warranty's geographic limits.
[1] Federal law governs the interpretation of warranties in marine insurance contracts when the federal judiciary has established a rule for that type of warranty.
[2] A breach of an express navigational warranty in a marine insurance contract releases the insurer from liability, even if compliance with the warranty would not have avoid…
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Join FLexlaw to unlock all legal intelligence“State law cannot be utilized to interpret a warranty in a marine insurance contract if the federal judiciary has established a rule as to the interpretation of that type of warranty.”
Establishes the principle that federal law preempts state law for marine insurance warranty interpretation when federal courts have developed consistent doctrine.
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Join FLexlaw to unlock all legal intelligenceAppellees owned a yacht "Lady Encore" insured under Aetna's marine policy with a navigational limit warranty restricting the vessel to U.S. and Canadi…
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PER CURIAM.
Aetna Insurance Company [Aetna] appeals the final judgment entered in the declaratory action below. Aetna contends that the trial court should have applied Federal law to determine whether coverage existed under the marine insurance contract for appellees’ yacht. We agree and reverse and remand for further proceedings consistent with this opinion.
The policy contained the following navigational limit warranty:
In consideration of the premium charged, it is warranted that the insured yacht is confined to Atlantic and Gulf coastwise and inland tributary waters of the United States and Canada between St. John, New Brunswick, and Carrabelle, Florida, both inclusive, but not north of Moorehead City, North Carolina, between November 1st and March 31st both days inclusive for the period from 10-6-85 to 10-6-86.
In March of 1986, the appellees chartered their yacht “Lady Encore” to an individual, who sailed it to the Bahamas. A month later, while the vessel was docked in Nassau, a crew member sustained an injury when she slipped and fell on the yacht. After the crew member sued appellees, Aetna, under a full reservation of rights, undertook the defense of appellees. Aetna then filed a declaratory action to determine whether coverage existed under the policy. The trial court ruled that the breach of the warranty 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 increase the hazard can render a marine insurance contract void. Section 627.-409(2), Florida Statutes (1987) (emphasis added) states:
A breach ... of any warranty ... or provision of any wet marine ... insurance policy ... shall not render void the policy ... or constitute a defense to a loss thereon, unless the breach increased the hazard by any means within the control of the insured.
However, federal law, as summarized in Port Lynch v. New England Int’l Assurety of America, Inc., 754 F.Supp. 816, 819 (W.D.Wash.1991) (emphasis added) indicates:
[A] breach of an express taking or navigational warranty releases the insurance company from liability even if compliance with the warranty would not have avoided the loss.
We hold that the trial court erred when it applied Florida law. State law cannot be utilized to interpret a warranty in a marine insurance contract if the federal judiciary has established a rule as to the interpretation of that type of warranty. Wilburn Boat Co. v. Fireman’s Fund Ins. Co., 348 U.S. 310, 75 S.Ct. 368, 99 L.Ed. 337 (1955). Federal courts have recognized that for over forty years strict construction of navigational limit warranties has been an established admiralty rule of the federal judiciary. Lexington v. Cooke’s Seafood, 835 F. 2d 1364 (11th Cir.1988); Port Lynch, 754 F.Supp. at 819. Therefore, sub judice, federal law should have governed and the trial judge should have found that coverage did not exist in Nassau even though appel-lee’s breach of the warranty did not increase the hazard that caused the crew member’s injuries.
We distinguish Eagle Star which found coverage because the wording of that contract created an ambiguity. The Eagle Star sank twenty miles off the coast of Florida and its navigational limit warranty confined the vessel “to the inland and coastal waters of the State of Florida.” Sub judice, no ambiguity exists because Nassau, Bahamas, is clearly beyond the limits of the “coastwise and inland tributary waters of the United States.” We also distinguish Proprietors Insurance which concerned an ambiguity as to whether that contract covered a chartered vessel, not an issue here. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
HERSEY, STONE and GARRETT, JJ., concur. -
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Fla. Marine Towing, Inc. v. United Nat'l Ins. Co., 686 So. 2d 711 (Fla. 3d DCA 1997)…federal admiralty law principle which governs the interpretation of navigational warranties in marine insurance policies. Under the decided cases, the answer is yes. As stated by the Fourth District Court of Appeal in Aetna Insurance Co. v. Dudney, 595 So. 2d 238 (Fla. 4th DCA 1992), “Federal courts have recognized that ... strict construction of navigational limit warranties has been an established admiralty rule of the federal judiciary.” Id. at 239 (citing Lexington v. Cooke’s Seafood, 835 F. 2d 1364 (11t…
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Great Lakes Reinsurance (uk), PLC v. Rosin, 757 F. Supp. 2d 1244 (S.D. Fla. 2010)…imit warranties in marine insurance policies). 11 *1256 Interestingly, Florida state courts have also held that federal law governs navigation limit warranties in marine insurance policies. For example, in Aetna Ins. Co. v. Dudney, 595 So.2d 238, 239 (Fla. 4th DCA 1992), the Fourth District reversed a trial court for applying Florida law as to the effect of a breach of such a warranty: “State law cannot be utilized to interpret a warranty in a marine insurance contract if the federal judici…
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La Reunion Francaise, S.A. v. Christy, 122 F. Supp. 2d 1325 (M.D. Fla. 1999)…it warranty on the ground that “[s]tate law cannot be utilized to interpret a warranty in a marine insurance contract if the federal judiciary has established a rule as to the interpretation of that type of warranty.” Aetna Ins. Co. v. Dudney, 595 So.2d 238, 239 (4th DCA 1992) (citations omitted). The Court agrees with both the opinions from the Southern District of Florida and the Florida District Court of Appeal that because the Eleventh Circuit has established a federal admiralty rule regarding the…
Authorities Cited
- Wilburn Boat Co. v. Fireman's Fund Ins. Co., 348 U.S. 310 (U.S. 1955)
- Foust v. State, 410 So. 2d 993 (Fla. 3d DCA 1982)
- Lexington Ins. Co. v. Cooke's Seafood, 835 F.2d 1364 (11th Cir. 1988)
- Eagle Star Ins. Co. Ltd. OF London v. Ross, 247 So. 2d 514 (Fla. 3d DCA 1971)