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COMMERCIAL UNION INS. v. FLAGSHIP MARINE SERVICES

Docket Nos. 98-7306(L), 98-7536(XAP) and 98-7532.

190 F.3d 26 (1999)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff-Appellant-Cross-Appellee, v. FLAGSHIP MARINE SERVICES, INC., d/b/a Sea Tow Services of Lee County and Sea Tow of Lee County, Defendants-Appellees-Cross-Appellants, Brisotti & Silkworth, Inc., Third-Party Defendant. Commercial Union Insurance Company, Plaintiff-Appellant, v. Flagship Marine Services, Inc., d/b/a Sea Tow Services of Lee County, Gary MacLean, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 24, 1999.

Attorney(s) appearing for the Case

David R. Hornig (Julia Moore, Of Counsel, on the brief), Nicoletti Hornig & Sweeney, New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Steven G. Schwartz, Mattlin & McClosky, Boca Raton, FL, and John J. McLaughlin, Wagner, Vaughan & McLaughlin, Tampa, FL for Defendants-Appellees-Cross-Appellants.

William M. Billings, Jacobowitz, Garfinkel & Lesman, New York, NY, for Third-Party-Defendant.

Before: WALKER, McLAUGHLIN, and KEITH, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

Plaintiff-appellant-cross-appellee Commercial Union Insurance Company ("Commercial Union") seeks to disclaim coverage for an accident that occurred aboard a ship operated by defendant-appellee Flagship Marine Services, Inc. ("Flagship Marine"). The United States District Court for the Southern District of New York (Jed S. Rakoff, District Judge), entered a March 6, 1998 judgment dismissing Commercial Union's first action...

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