Atkin

*1170 OPINION

William Smith (“Smith”), owner of the former yacht, Sybarite, appeals the district court’s grant of summary judgment in favor of various insurance underwriters (“Underwriters”) in the Underwriters’ diversity action for declaratory relief against Smith seeking rescission of a yacht insurance policy. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Smith was the owner of a yacht known as the Sybarite. In September 1990, Smith and his wife set out" on an aroiind-the-world voyage. In 1991, Smith met Steve Cummings in Florida and hired him as a crew member. For the next several years, Cummings' traveled with Smith and his wife on the Sybarite. Both Cummings and Smith held Cummings out as captain or co-captain of the vessel. On numerous occasions, Cummings remained aboard and in charge of the Sybarite while Smith and his wife were absent from the vessel. Cummings also acted as Smith’s agent for the purpose of overseeing major repairs to the Sybarite.

In June 1994, while the Sybarite was in Thailand under Cummings’ care, . Smith asked Cummings to obtain new insurance for the vessel. As part of the application process, Cummings completed an application…