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Wilburn Boat Co. v. Fireman’s Fund Ins. Co., 348 U.S. 310 (1955)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wilburn Boat Co. v. Fireman’s Fund Ins. Co., 348 U.S. 310 (1955)
Wilburn Boat Co. v. Fireman’s Fund Ins. Co. No. 7 Argued October 14-15, 1954 Decided February 28, 1955 348 U.S. 310
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Under a policy of marine insurance, the owners of a small houseboat used for commercial carriage of passengers on an inland lake between Texas and Oklahoma sued the insurer to recover for the loss of the boat by fire while moored on the lake. The insurer defended on the ground of alleged breaches of warranties against sale, transfer, assignment, pledge, hire, charter, or use of the boat for commercial purposes without the insurer’s written consent. Claiming that the policy had been made and delivered in Texas, the owners urged that the case was controlled by Texas law, under which no breach of the provisions of a fire insurance policy is a defense to any suit unless the breach contributes to the loss.
Held: the case is remanded for trial under appropriate state law. Pp. 311-321.
(a) Since the insurance policy here sued on is a maritime contract, the Admiralty Clause of the Constitution brings it within federal jurisdiction. Pp. 313-314.
(b) There is no statutory or judicially established federal admiralty rule governing the warranties here involved. Pp. 314-316.
(c) This Court declines to establish such a rule. Pp. 316, 319-320.
(d) In the absence of such a federal admiralty rule, this case is governed by appropriate state law. Pp. 316-319, 320-321.
201 F.2d 833 reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Wilburn Boat Co. v. Fireman’s Fund Ins. Co., 348 U.S. 310 (1955) in 348 U.S. 310 348 U.S. 311. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=33EYW54JJM44ZWL.
MLA: U.S. Supreme Court. "Syllabus." Wilburn Boat Co. v. Fireman’s Fund Ins. Co., 348 U.S. 310 (1955), in 348 U.S. 310, page 348 U.S. 311. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=33EYW54JJM44ZWL.
Harvard: U.S. Supreme Court, 'Syllabus' in Wilburn Boat Co. v. Fireman’s Fund Ins. Co., 348 U.S. 310 (1955). cited in 1955, 348 U.S. 310, pp.348 U.S. 311. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=33EYW54JJM44ZWL.
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