Kalmbach, Inc. v. The Insurance Company of the State of Pennsylvania, Inc.

Appellants, the plaintiffs below, appeal from a judgment in an action on maritime insurance policies to recover for the loss of two sea-going vessels, a tug and a barge. We reverse.

THE PROCEEDING BELOW

Initially, the district court denied each of the parties motions for summary judgment, with leave to renew. The parties, being unable to agree on the facts, provided a record by way of requests for admissions and answers thereto. Appellants again moved for summary judgment, as did appellee. The court then granted appellee’s motion for a summary judgment. Appellants then filed a motion for a new trial which was considered by the court as a motion to reconsider. This motion was granted. The earlier order granting summary judgment was vacated and a trial was ordered on the sole issue of the agency relationship between one Fred Diercks and appellants. Following the trial on the issue of agency, the court found in appellee’s favor, entered findings of fact and conclusions of law, and signed the partial summary judgment and judgment on the issue of agency from which this appeal is prosecuted.

FACTS

The insurance policies, covering a tug and a barge owned by appellants, were…