LAYTON

v.

THAYNE

Citator

Cited By

• Proprietors Ins. Co. v. Yetta Siegel, 410 So. 2d 993 (Fla. 3d DCA 1982)
  …vessel was at sea and there were then no means by which to remedy it, what happens to the insurance? Does it terminate at the very moment it is needed most? Cf. Henjes v. Aetna Insurance Co., 2 Cir., 132 F. 2d 715, 1943 A.M.C. 27, certiorari denied, 319 U.S. 760, 63 S.Ct. 1316, 87 L.Ed. 1711. Indeed, far from voiding the policy, it was as to just such unseaworthiness that the policy was meant to apply. The In-chmaree clause insures against damage or loss occasioned by latent defects in ma [*997] chinery or…
• Tropical Marine Prods., Inc. v. Birmingham Fire Ins. Co. of Pa., 247 F.2d 116 (5th Cir. 1957)
  …vessel was at sea and there were then no means by which to remedy it, what happens to the insurance? Does it terminate at the very moment it is needed most? Cf. Henjes v. Aetna Insurance Co., 2 Cir., 132 F. 2d 715, 1943 A.M.C. 27, certiorari denied 319 U.S. 760, 63 S.Ct. 1316, 87 L.Ed. 1711. Indeed, far from voiding the policy, it was as to just such unseaworthiness that the policy was meant to apply. The Inchmaree clause insures against damage or loss occasioned by latent defects in machinery or hull. Of…
• Saskatchewan Gov't Ins. Off. v. Spot Pack, Inc., 242 F.2d 385 (5th Cir. 1957)
  …ence or diligence in keeping the vessel seaworthy would relieve the underwriters, not absolutely, but only of liability for damage caused by such negligence * * And see in Henjes v. Aetna Insurance Co., 2 Cir., 132 F. 2d 715, 719, certiorari denied 319 U.S. 760, 63 S.Ct. 1316, 87 L.Ed. 1711, 1943 A.M.C. 27, “* * * There is in the United States an implied warranty by the insured in a time marine policy that the ship is seaworthy at the time the policy period begins. Union Insurance Co. v. Smith, 124 U.S. 40…