American Home Assurance Co. v. Masters' Ships Management S.A.

Second Circuit

American Home Assurance Co. v. Masters' Ships Management S.A.

489 F.3d 497

CourtCourt of Appeals for the Second Circuit

DecidedJune 5, 2007

DocketDocket 06-2003-cv(L), 06-2285-cv(XAP)

StatusPublished

Cited by1 cases

This text of 489 F.3d 497 (American Home Assurance Co. v. Masters' Ships Management S.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Home Assurance Co. v. Masters' Ships Management S.A., 489 F.3d 497 (2d Cir. 2007).

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Opinion

PER CURIAM.

Defendants Masters’ Ships Management S.A. and Endeavour Navigation S.A. appeal from a March 30, 2006 judgment of the United States District Court for the Southern District of New York (John F. Keenan, Judge) in favor of plaintiffs after a bench trial in which the District Court concluded that defendants’ marine hull and machinery insurance policy was void ab initio. See American Home Assurance Co. v. Masters’ Ships Mgmt. S.A., 423 F.Supp.2d 193 (S.D.N.Y.2006). The Court also ordered plaintiffs American Home Assurance Company and New York Marine & General Insurance Co. to return premium payments to defendants in the amounts of $11,885.66 (payable by American Home Assurance Company) and $4,425.03 (payable by New York Marine & General Insurance Company). Plaintiffs cross-appeal the District Court’s judgment insofar as it held (1) that plaintiffs breached their duty of utmost good faith at the claims stage; and (2) that the ex parte interviews of four ship officers by plaintiffs constituted bad faith conduct.

Upon consideration of the parties’ arguments, we find no clearly erroneous findings of fact and no errors of law in the District Court’s decision. Accordingly, substantially for the reasons set forth in Judge Keenan’s careful and comprehensive opinion, the judgment of the District Court is Affirmed.

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PER CURIAM.

Defendants Masters’ Ships Management S.A. and Endeavour Navigation S.A. appeal from a March 30, 2006 judgment of the United States District Court for the Southern District of New York (John F. Keenan, Judge) in favor of plaintiffs after a bench trial in which the District Court concluded that defendants’ marine hull and machinery insurance policy was void ab initio. See American Home Assurance Co. v. Masters’ Ships Mgmt. S.A., 423 F.Supp.2d 193 (S.D.N.Y.2006). The Court also ordered plaintiffs American Home Assurance Company and New York Marine & General Insurance Co. to return premium payments to defendants in the amounts of $11,885.66 (payable by American Home Assurance Company) and $4,425.03 (payable by New York Marine & General Insurance Company). Plaintiffs cross-appeal the District Court’s judgment insofar as it held (1) that plaintiffs breached their duty of utmost good faith at the claims stage; and (2) that the ex parte interviews of four ship officers by plaintiffs constituted bad faith conduct.

Upon consideration of the parties’ arguments, we find no clearly erroneous findings of fact and no errors of law in the District Court’s decision. Accordingly, substantially for the reasons set forth in Judge Keenan’s careful and comprehensive opinion, the judgment of the District Court is Affirmed.

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Bluebook (online)

489 F.3d 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-home-assurance-co-v-masters-ships-management-sa-ca2-2007.

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