Founders' Insurance Company, and Cross-Appellee v. H. J. Rogers and R. G. Rogers, and Cross-Appellants

Before us are cross-appeals from a final decree in admiralty of the District Court. For convenience, we will hereafter refer to Founders’ Insurance Company, appellant and cross-appellee, as “Insurance Company,” and H. J. Rogers and R. G. Rogers, appellees and cross-appellants, as the “boat owners.”

The final decree adjudged that the boat owners recover from the Insurance Company, which had issued to the boat owners a policy of marine insurance covering a small boat called the Adequate, the sum of $3500.00 for damages sustained when the boat sank at its slip.

Jurisdiction of the District Court was invoked under the provisions of the constitutional grant of admiralty and maritime jurisdiction (Article 3, Section 2 of the Constitution of the United States), and Title 28 U.S.C.A. § 1333 (1). This Court’s jurisdiction to review rests upon Title 28 U.S.C.A. §§ 1291 and 1294.

The boat owners predicated their right to recover upon either of two provisions of the insurance contract. One of these provisions, referred to as the “perils” clause provides for coverage in the event of a loss caused by certain specified perils, including the “perils of the seas.” The pertinent portion of this…