GIBBS v. HAWAIIAN EUGENIA CORP.

No. 83 Civ. 2751(MEL).

771 F.Supp. 638 (1991)

Caryl Antony Vaughan GIBBS, individually And As Representative of all Members of Those Syndicates at Lloyd's London Severally Subscribing to Lloyd's Policy No. 601/BS 11654, Plaintiff, v. HAWAIIAN EUGENIA CORPORATION, Defendant.

United States District Court, S.D. New York.

September 4, 1991.


Attorney(s) appearing for the Case

Symers, Fish & Warner, (William Warner, of counsel), New York City, for plaintiff.

Christopher P. Keane, P.C., New York City, for defendant.


LASKER, District Judge.

This case presents issues concerning the rights of an insurer who has honored a claim under a Marine Insurance policy when the insured releases a third party allegedly liable for the loss. The question presented is whether the indemnified insured party has a duty to establish in the release that the insurer's subrogated rights have been reserved.

On October 14, 1980, defendant, the Hawaiian Eugenia Corporation, owner of the vessel Poet...

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