Standard Fire insured Ardente's yacht. At some point after purchasing the boat, Ardente noticed that its top speed had decreased and that it was not navigating properly. The parties agree that these were symptoms of water damage to the yacht's hull. They also agree about how water was getting into the hull. A ship's hull has holes for the installation of fixtures, such as port lights. Normally, the material surrounding these so-called "installation holes" is solid laminate, which is waterproof. But in Ardente's yacht, the installation holes are surrounded by balsa wood, which is not waterproof. Water seeping into the balsa wood around the installation holes then spread throughout the hull.
Ardente presented a claim to Standard Fire, which denied coverage on the ground that the claim fell within an exclusion for manufacturing defects. Ardente sued in state court, alleging, among other claims, breach of contract, whereafter Standard Fire removed the case to federal court. The parties then filed cross motions for summary judgment.
Judge(s): Juan Torruella
Jurisdiction: U.S. Court of Appeals, First Circuit
Related Categories: Contracts , Insurance
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Wystan Ackerman||Robinson & Cole LLP|
|Dana Horton||Robinson & Cole LLP|
|Daniel Sullivan||Robinson & Cole LLP|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Christopher Hultquist||DarrowEverett LLP|
|Kurt Kalberer II||DarrowEverett LLP|