SmartBrief
Confirm favorite deletion?
Admiralty Law Keyed to Maraist
Healy Tibbitts Construction Co. v. Foremost Insurance Co.
Citation:
482 F. Supp. 830 (1979)Facts
HTC owned a crane barge called HT-4 which was covered under a protection and indemnity insurance policy issued by FIC. HTC chartered the barge to Claus von Wendel on a hire purchase basis. On October 15, 1975, while being operated by von Wendel at the U.S. Naval Supply Center in Oakland, the barge began listing as water entered through a hole in the hull. The crew moved the barge to shallow water where it partially submerged. As the barge sank, oil escaped into the water through an open vent in the fuel tank. The Navy began cleanup operations immediately, which took several days. Five days after the sinking, HTC’s insurance broker notified James E. Moore & Co. (FIC’s agent) about the incident. In August 1977, the United States sued von Wendel and HTC for the $55,028.44 cost of cleaning up the oil. HTC requested that FIC defend and indemnify it in the lawsuit, but FIC denied coverage based on the policy’s Pollution Exclusion Clause.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.