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The Standard Fire Insurance Company v. Daniel Cesario

September 18, 2012

THE STANDARD FIRE INSURANCE COMPANY,
PLAINTIFF,
v.
DANIEL CESARIO, DEFENDANT.



The opinion of the court was delivered by: Walls, Senior District Judge

OPINION

This case concerns the insurance coverage of a yacht that was stolen at the wrong place and at the wrong time. Plaintiff Standard Fire Insurance Company ("Standard Fire") moves for summary judgment, seeking a declaratory judgment that it is not required to provide insurance coverage for the stolen yacht. Also before the Court is Defendant Daniel Cesario's cross-motion for summary judgment. Plaintiff's motion is granted and Defendant's motion is denied.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Daniel Cesario owns a yacht, which was insured by Standard Fire from March 30, 2011 until March 30, 2012 under Policy number 979464910 8401 ("Policy"). Pl. Statement of Facts ¶¶ 1-4. The Policy contained this navigational warranty:

Navigational Information

Navigational Territory: It is hereby warranted that the Insured Yacht shall be confined to the waters indicated below.

Atlantic and Gulf coastwise waters and tributaries (including bays and inlets) between Eastport, ME and Cedar Keys, FL, including the Bahamas.

Pl. Statement of Facts, Ex. 1. On a separate page, titled "TRAVELERS YACHT POLICY", another provision said:

NORTH OF CAPE HATTERAS, NORTH CAROLINA RESTRICTION ENDORSEMENT

In consideration of the premium charged, it is warranted that your yacht must be north of Cape Hatteras, North Carolina between June 15 and November 1, both dates inclusive.

All other conditions of this policy apply.

Pl. Statement of Facts, Ex. 2 (emphasis original).

Between July 27, 2011 and August 20, 2011, the yacht was stolen while it was docked in Hallandale, Florida. Pl. Statement of Facts ΒΆ 7. Standard Fire brought suit seeking a declaratory judgment that it is not required to provide insurance coverage for the stolen yacht because Cesario violated the Policy's navigational ...


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