Professional Documents
Culture Documents
No. 96-1718
Plaintiff, Appellant,
v.
Defendant, Appellee.
____________________
____________________
Before
____________________
on brief
appellant.
Francisco E. Colon-Ramirez with
__________________________
____________________
____________________
COFFIN,
This
appeal concerns
the
the
to Miami.1
covering
the
shipper,
stevedore, Ayala.
policy
to
that maintained
Sea
Barge,
Fireman's
Sea Barge,
and
insurance policies
the
defended Sea
Barge
are
cargo-handling
an insurance
and Ayala
in multi-
sought to
litigation costs.
did
not
cover the
granted
summary
differs
in
type of
judgment
some details
risk at
for
issue here,
AIICO.
from that
of
Although
and therefore
our
the district
analysis
court, we
FACTS
_____
Pursuant to the
____________________
1
are
abbreviations:
Fund"); American
Inc.
Fireman's
Fund Insurance
Companies ("Fireman's
Inc. ("Sea Barge"); Luis Ayala Colon & Sucesores, Inc. ("Ayala");
Zapata
Gulf Marine
Corporation
-2-
("Zapata"); and
S.E.L.
Maduro
insurance.
Ayala and
On December 16, 1988, Sea Barge's Barge 101 set off on its
ill-fated journey.
____________________
2
named
The Fireman's
assured,
insureds
and
Ayala,
"solely with
Shareholders Agreement.
coverage
for damages
Liability Policy
respect
Maduro
to their
Barge as the
as
additional
activities" under
under
the Assured's
General
of the assured.
-3-
the
AIICO.4
Ayala's.
territory exclusion), that the loss which occurred was not the
DISCUSSION
__________
Since the
Nieves v.
______
____________________
3
of
which
The
were
filed
in
Puerto
Rico,
were
consolidated and
Fireman's
participation in
Fund
had
previously
requested
AIICO's
of the
by
-4-
submitted.
policy terms and resolution thereof are matters for the court).
For
that the loss sustained here was not the type the AIICO policy
-5-
We
court.5
This fact
____________________
5
insurance
In
terms in an
Wickman
_______
1084 (1st
Cir.
1990).
-6-
Navigation Co., 616 F.2d 422 (9th Cir. 1980),6 principally relied
______________
agreed to assume.7
b.
foreign states.
convincing.
____________________
In
Price, the
_____
exclusion similar
did
not
transport
to this one in a
preclude
longshoreman
Ninth Circuit
coverage
employed
company's vessel.
the watercraft
injuries
stevedore
sustained
while
by
working on
the
a watercraft
for
by the
held that
exclusion
to preclude
coverage
for
of the
Id.
___
Additionally,
endorsement to
this
Price
_____
is
inapposite
policy specifically
-7-
here,
distinguishes
as
an
between
coverage for accidents that occur between Florida and Puerto Rico
intended at all under the AIICO policy, but rather that the
itself, on the ground that coverage for the voyage and Florida
indicating that the loss that occurred here was not contemplated
that the named insured under the policy is Ayala "and/or any
majority interest."
-8-
This
policy's terms indicates that the loss that occurred was not
-9-
Fire Litig., 802 F.Supp. 624, 637 (D.P.R. 1992), aff'd, 989 F.2d
___________
_____
As noted above, the two major documents in this case are the
In
cargo legal liability insurance, and that each policy will name
coverage.
____________________
-10-
hereto."
providing that Sea Barge shall indemnify and hold harmless Ayala
bailee.9
narrowly circumscribed.
understood and intended that the AIICO policy would not extend to
____________________
at the port of
-11-
were delivered or
majority interest in, and that the coverage of Sea Barge and the
Barge."
district court.
CONCLUSION
__________
Affirmed.
________
____________________
10
No
testimony to the
attention.
-12-
brought to our