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COMMERCIAL UNION INS. CO. v. HORNE

March 25, 1992

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff, against LEON HORNE, CAROL HORNE and HOMEOWNERS MARINE CREDIT, Defendant.


The opinion of the court was delivered by: ROBERT P. PATTERSON, JR.

 OPINION AND ORDER

 ROBERT P. PATTERSON, JR., U.S.D.J.

 Plaintiff Commercial Union Insurance Company seeks a declaratory judgment against Defendants Leon and Carol Horne, declaring a marine insurance policy void and thereby precluding any recovery by Defendants for the loss of their yacht. *fn1" This Court has admiralty and maritime jurisdiction under 28 U.S.C. ยง 1333. Plaintiff and Defendants each move pursuant to Federal Rule of Civil Procedure 12(c) for judgment on the pleadings. Because no material issue of fact remains to be resolved, this Court may dispose of the case based solely on matters contained in the pleadings. *fn2" For the reasons set forth below, judgment in favor of the Plaintiff is granted.

 BACKGROUND

 Defendants used an insurance agent, Alliance Brokerage Corporation, to procure an insurance policy on their yacht from Plaintiff insurance company providing coverage for the period from December 10, 1989 through December 10, 1990. This policy is attached to the complaint as Exhibit 1. On or about May 5, 1990, the yacht was allegedly lost at sea.

 The insurance policy contained a provision entitled "Navigation Limits," which provided:

 You agree to use the yacht only in the following area:

 Coastwise and Inland waters of the U.S. between Eastport, Maine and Cedar Keys, Florida, not to exceed 100 miles offshore from the nearest point of land.

 Navigation limits are extended to include the coastal waters of Puerto Rico, the U.S. and British Virgin Islands, and Windward Islands, not south of Grenada.

 Under a separate heading entitled "Endorsements Attached," a "Chartering Coverage" provision was added, granting Defendants permission:

 to occasionally day charter this yacht, but warranted not to exceed six passengers per day charter; warranted not to exceed 5 day charters per year and warranted that the yacht be in charge of and operated by the assured or a licensed captain at all times during any such day charter.


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