United States Ninth Circuit
New Hampshire Ins. Co. v. C'Est Moi, Inc., 06-55031
In an action to rescind an insurance policy arising after defendant-insured's yacht sank, summary judgment for the insurer is affirmed where: 1) the parties didn't attempt to contract out of uberrimae fidei, or the federal maritime doctrine imposing a duty of utmost good faith in the context of marine insurance contracts; 2) the insured misrepresented material facts in an insurance policy application; and 3) thus, insurer was entitled to rescind the policy.
Appellate Information
- Argued 08/09/2007
- Decided 03/20/2008
- Published 03/20/2008
Judges
- Before ALEX KOZINSKI, Chief Judge, JOHNNIE B. RAWLINSON, Circuit Judge, and MIRIAM GOLDMAN CEDARBAUM, Senior District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Robert G. Dyer, Law Offices of Robert G. Dyer, San Diego, CA, for the defendant-appellant., Neil S. Lerner and Benjamin A. Shapiro, Sands Lerner, Los Angeles, CA, for the plaintiff-appellee.