Cadiente

Suit in admiralty by appellee seeking recovery on a policy of marine insurance for an alleged constructive total loss of the insured vessel Miss Philippine. The vessel ran aground at Kaupo, Island of Maui, Hawaii, on June 6, 1949. On the following day, Cadiente, the husband of appellee, who was her agent and business manager, went to the beach where the vessel was stranded and he and the master of the vesel made what inspection they could from the shore. Hagood, the master of a tugboat, The Maizie C, who was soliciting employment to salvage the vesel, inspected the vessel from a small chartered plane and made a tentative arrangement with Cadiente to get the vessel into the sea and tow her to Honolulu for repairs. The following day, however, Cadiente advised Hagood not to undertake salvage operations. On June 9 the agent of the appellant company wrote from Honolulu to appellee at her address at Ewa, Oahu, advising of the stranding, and stating: “We accordingly hereby make demand upon you to proceed with the salvaging of this vessel in accordance with conditions of the above policy.” Cadiente, either on June 10 or June 13, notified the appellant that it was useless for him to…