UNITED STATES EX REL. KROGER GROCERY & BAKING CO.
v.
INTERSTATE COMMERCE COMMISSION
UNITED STATES EX REL. KROGER GROCERY & BAKING CO.
INTERSTATE COMMERCE COMMISSION
294 U.S. 712
Supreme Court of the United States (1935)
Caution
Cited by 8 cases
Opinion
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Marine Charter & Storage, Ltd., Inc. v. ALL Underwriters AT Lloyds OF London Subscribing TO Cover Notes 2H04/1291, 568 So. 2d 944 (Fla. 4th DCA 1990)…porthole covers adjacent to the waterline. There have been several cases construing the term “laid-up and out of commission” and they have not all reached uniform conclusions. Robinson v. Home Insurance Co., 73 F. 2d 3 (5th Cir.1934); cert. denied, 294 U.S. 712, 55 S.Ct. 508, 79 L.Ed. 1246 (1935); Providence Washington Insurance Co. v. Lovett, 119 F.Supp. 371 (D.R.I.1953). However, we have found no case which supports the proposition that a ship operating on a navigable stream under its own power is “laid…
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Wilburn Boat Co. v. Fireman's Fund Ins. Co., 201 F.2d 833 (5th Cir. 1953)…e Story in the case of DeLovio v. Boit, Fed.Cas. No.3,776, 2 Gall. 398, affirming the admiralty jurisdiction over policies of marine insurance. Insurance Co. v. Dunham, supra; see also Robinson v. Home Ins. Co., 5 Cir., 73 F. 2d 3, certiorari denied 294 U.S. 712, 55 S.Ct. 508, 79 L.Ed. 1246; Aetna Ins. Co. v. Houston Oil & Transport Co., 5 Cir., 49 F. 2d 121, certiorari denied 284 U.S. 628, 52 S.Ct. 12, 76 L.Ed. 535. It follows that we are required to measure appellants’ liability by the standards of the m…
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United States Fire Ins. Co. v. Cavanaugh, 732 F.2d 832 (11th Cir. 1984)…t. When barratry breached the warranty, the insurance coverage, not the vessel, was lost. See supra discussion of Wilburn Boat Co.; see also Robinson v. Home Insurance Co., 73 F. 2d 3 (5th Cir.1934) (breach of warranty voids coverage), cert. denied, 294 U.S. 712, 55 S.Ct. 508, 79 L.Ed. 1246 (1935).9 The Cavanaughs could recover had barratry caused the loss of the ship, but the policy provided no coverage for the loss of coverage. Indeed, it seems to me that the language quoted by the majority opinion (in no…
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