Starnet Ins. Co. v. La Marine Serv. LLC

298 F. Supp. 3d 869
CourtDistrict Court, E.D. Louisiana
DecidedDecember 27, 2017
DocketCIVIL ACTION NO. 16–13511
StatusPublished

This text of 298 F. Supp. 3d 869 (Starnet Ins. Co. v. La Marine Serv. LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Starnet Ins. Co. v. La Marine Serv. LLC, 298 F. Supp. 3d 869 (E.D. La. 2017).

Opinion

SARAH S. VANCE, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

This case arises out of the sinking of Defendant LA Marine Service LLC's vessel, *871the M/V CAPT. LJ. Defendant Leonard Jourdan, Jr. is the owner and operator of LA Marine Service.1 Plaintiff StarNet Insurance Company supplied a time-hull insurance policy to defendants to cover the M/V CAPT. LJ for the policy period of September 24, 2015, through September 24, 2016.2 LA Marine Service and Leonard Jourdan are each listed as named assureds on the policy.3 The M/V CAPT. LJ sank on the night of April 7, 2016, or the early morning of April 8, 2016.4

On August 2, 2016, plaintiff filed suit requesting a declaratory judgment that it does not owe insurance coverage for losses arising out of the sinking of the M/V CAPT. LJ.5 Defendants filed an answer, affirmative defenses, and a counterclaim for declaratory judgment and contractual and statutory damages.6 On July 21, 2017, the Court struck defendants' jury demand because plaintiff designated its claim as an admiralty claim under Federal Rule of Civil Procedure 9(h).7 The Court later granted plaintiff partial summary judgment and dismissed defendants' counterclaims for statutory penalties and lay up damages.8

The only unresolved claims are the parties' cross-claims for declaratory judgment on the issue of insurance coverage. After a pretrial conference on November 2, 2017, the parties agreed to try this case on a stipulated record and written submissions to the Court in lieu of a live trial.9 The parties further agreed to waive hearsay and authenticity objections to expert reports and depositions.10 The parties have submitted joint trial exhibits.11 After reviewing the evidence, the Court rules as follows.

II. FINDINGS OF FACT AND CONCLUSIONS OF LAW

A. Legal Framework

It is undisputed that, at the time of its sinking, the M/V CAPT. LJ was insured by plaintiff. But plaintiff argues that no insurance benefits are owed because the vessel sank as a result of defendants' negligence.12

1. Choice of Law

As a threshold matter, the Court must determine whether state law or federal maritime law governs this dispute. "A marine insurance contract is indisputably a marine contract within federal admiralty jurisdiction." New Hampshire Ins. Co. v. Martech USA, Inc. , 993 F.2d 1195, 1198 (5th Cir. 1993). But "the interpretation of a contract of marine insurance is-in the absence of a specific and controlling federal rule-to be determined by reference to appropriate state law." Albany Ins. Co. v. Anh Thi Kieu , 927 F.2d 882, 886 (5th Cir. 1991) (internal quotation marks and citation omitted). The Fifth Circuit has identified three factors a court must consider to determine whether to apply state law or federal maritime law: "(1) whether the federal maritime rule constitutes 'entrenched federal precedent'; (2) whether the state has a substantial, legitimate interest in application of its law; and (3) whether the *872state's rule is materially different from the federal rule." New Hampshire Ins. Co. , 993 F.2d at 1198 (citing Albany Ins. Co. , 927 F.2d at 886 ).

The central issue in this case is whether defendants' negligence precludes coverage under the implied warranty of seaworthiness and/or the Liner Negligence Clause of the insurance contract. The parties assume that federal law governs this dispute. "Entrenched federal precedent exists on the implied warranty of seaworthiness and the interpretation of Inchmaree clauses in maritime insurance contracts, which displaces Louisiana law" with regard to the issue of seaworthiness. Thanh Long Partnership v. Highlands Ins. Co. , 32 F.3d 189, 193-94 (5th Cir. 1994). The Liner Negligence Clause at issue here is closely related to the Inchmaree Clause and is similarly governed by Fifth Circuit precedent. Both clauses expand maritime insurance to cover additional perils, subject to the assured's due diligence. See id. at 191 ; Employers Ins. of Wausau v. Occidental Petroleum Corp. , 978 F.2d 1422, 1437-39 (5th Cir. 1992). The Court therefore applies federal maritime law to this dispute.

2. Implied Warranties of Seaworthiness

The Fifth Circuit has explained that "federal maritime law implies two warranties of seaworthiness in a time hull insurance policy": an absolute warranty of seaworthiness at the inception of the policy and "a modified, negative warranty, under which the insured promises not to knowingly send a vessel to sea in an unseaworthy condition." Employers Ins. of Wausau , 978 F.2d at 1431-32. These implied warranties of seaworthiness are together known as the "American Rule." See Sask. Gov't Ins. Office v. Spot Pack, Inc. , 242 F.2d 385, 388 (5th Cir. 1957).

If a vessel owner, through bad faith or neglect, knowingly permits the "vessel to break ground in an unseaworthy condition," the insurer may deny coverage for "loss or damage caused proximately by such unseaworthiness." Id. at 388. The insurer bears the burden of proving unseaworthiness, and that such unseaworthiness was the cause of the loss.

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Bluebook (online)
298 F. Supp. 3d 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starnet-ins-co-v-la-marine-serv-llc-laed-2017.