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Marine Insurance
John Fernandez, III v. James B. Haynie aka Jim Haynie, Civil Action
No. 4:00cv009, Eastern District of Virginia, Newport News Division.
Represented John Fernandez, the Owner of the F/V CAPTAIN LYMAN, in an
Admiralty suit against his marine insurance broker other insurance intermediaries
for broker malpractice and fraud in placing P&I coverage with a St.
Kitts insurance company, then switching it to an Aruba, Netherlands Antilles
company, without the Assured's knowledge or consent. The Court held that
a contract to procure marine insurance is a maritime contract, within
the Admiralty jurisdiction. Fernandez v. Haynie, 120 F.Supp.2d. 575, 2001
A.M.C. 786 (E.D.Va. 2000). On the eve of trial, Defendant Haynie admitted
a breach of the standard of care. Following a two day trial on the merits,
the Court found Defendant Haynie guilty of fraud and awarded Plaintiff
Fernandez his attorneys' fees.
Homestead Ins. Co. v. Woodington Corp., 1993 A.M.C. 1552, 1992
WL 540717 (E.D.Va. 1992).
We represented a third party, sued by an insured floating crane owner,
in a declaratory judgment action by its Hull & Machinery carrier to
deny liability for crane boom collapse during a load test.
Roddick v. Marsh & McLennan, Inc., 983 F.2d 1057 (Table, Text
in WESTLAW) unpublished disposition, 1993 WL 1010 (4th Cir. 1993).
We represented an insurance broker against underwriters in the interpretation
of an arbitration clause in a partial settlement of a coverage dispute
over the sinking of a floating drydock.
Maritima Antares, S.A. v. Vessel ESSI CAMILLA, 633 F.Supp. 694,
1987 A.M.C. 498 (E.D.Va. 1986).
Phil represented the Hull insurer of the M/V ESSI CAMILLA in litigation
over the interpretation of a letter of undertaking and direct liability
for damages in excess of LOU principal amount to owner of other vessel
in an anchor dragging collsion. The case involved the interpretation of
sections of the Norwegian Insurance Plan as well as Virginia and general
maritime law.
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