Fitt
MARKEL AMERICAN INS. CO. v. Fitt
Opinion
Opinion
IRMA E. GONZALEZ, Chief Judge.
The above-entitled matter came before the Court for trial without a jury on October 2, 3, 10, 11, and 18, 2007. Neil S. Lerner, Esq. of Sands Lerner appeared on behalf of Markel American Insurance Company ("Markel" or "Plaintiff"). Peter J. Porter, Esq. of the Law Offices of Peter J. Porter appeared on behalf of Barry Fitt ("Defendant").
This memorandum decision constitutes the Court's findings of fact and conclusions of law.
This is an admiralty action centering on a marine insurance policy, Policy number YH XXXXXXX-XX ("Policy" or "the Policy"), which Plaintiff issued to Defendant for his vessel the "Oceana Princess." On March 21, 2005, while the Policy was in effect i.e. while Plaintiff was on the riskthe Oceana Princess sank five miles off the California coast.
In a Pretrial Order, which the Court signed March 26, 2007, the parties admitted to certain facts requiring no proof at trial. The Court incorporates by reference the facts admitted by the parties and set forth in the Pretrial Order. The Court's findings of fact are based upon those facts admitted in the Pretrial Order and the testimony and evidence presented at trial.