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A Seaworthiness Warranty In Time Policies: A Fifth Circuit Fallacy (Formerly Entitled Another Circuit Virus...), Graydon S. Staring
A Seaworthiness Warranty In Time Policies: A Fifth Circuit Fallacy (Formerly Entitled Another Circuit Virus...), Graydon S. Staring
Graydon S. Staring
The Court of Appeals for the Fifth Circuit was persuaded some years ago, and still believes, for aught we know, that there is an implied warranty of seaworthiness at the inception of a time policy, notwithstanding the lack of any logical explanation for such a usage and its authoritative disavowal from among those who might sometimes fortuitously benefit from it. The illegitimate conception of this warranty and its nurture and repetition in the Circuit have been exposed at some length in an earlier article and will be restated here to remind us again of its lack of foundation, with the …
Harmonization Of Warranties And Conditions: Study And Proposals, Graydon S. Staring
Harmonization Of Warranties And Conditions: Study And Proposals, Graydon S. Staring
Graydon S. Staring
In the interest of harmonizing marine insurance across state and national borders, the word "warranty" should be abandoned and all true conditiona precedent be called "conditions", with the consequences of breach specified, and in appropriate instances coverage be excluded only as to losses caused by the breach.