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GREAT LAKES REINSURANCE (UK), PLC v. ROSIN

Case No. 08-60399-CIV.

757 F.Supp.2d 1244 (2010)

GREAT LAKES REINSURANCE (UK), PLC, Plaintiff v. Elaine Y. ROSIN and Bank of the West, Defendants.

United States District Court, S.D. Florida, Miami Division.

July 30, 2010.

Attorney(s) appearing for the Case

Steven Eric Goldman, Goldman & Hellman, Fort Lauderdale, FL, for Plaintiff.

James W. Beagle, James Beagle, P.A., Fort Lauderdale, FL, for Defendants.

FINDINGS OF FACT & CONCLUSIONS OF LAW

ADALBERTO JORDAN, District Judge.

In this Rule 9(h) admiralty action, Great Lakes seeks a declaratory judgment that its marine insurance policy affords no coverage for an incident that caused Elaine Rosin's vessel to sink. Great Lakes argues, in part, that maritime law or New York law governs, that the policy contains an express warranty according to which only certain persons would operate the vessel, and that it...

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