United States Tenth Circuit

In a special proceeding under the Limitation of Vessel Owner's Liability Act arising from a boating accident, and involving coverage for the accident, a judgment finding that plaintiff-vessel owner's insurer was required to provide primary coverage to the vessel operator is reversed and remanded where: 1) there was federal subject matter jurisdiction over the matter; and 2) the district court erred in holding the insurer liable to the operator, as the insurer had a valid escape clause and the operator has no claim against it that he is required to exhaust under Utah Code Ann. section 31A-28-213(1)(a).

Appellate Information

• Decided 04/21/2008
• Published 04/22/2008

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, and GORSUCH, Circuit Judges, and PARKER, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark T. Ethington, Larson, Turner, Dalby & Ethington, L.C., South Jordan, UT, for Claimant-Amicus Curiae.


• For Appellees:
  
• Patrick J. Corbett, Rubin, Fiorella & Friedman, LLP, New York, N.Y. (C. Richard Henriksen, Jr., Henriksen & Henriksen, Salt Lake City, UT, with him on the briefs), for Third Party Defendant-Appellant., John W. Holt, (Linette B. Hutton with him on the brief), Winder & Haslam, PC, Salt Lake City, UT, for Claimant/Third Party Plaintiff-Appellee.