Jacinta Yu Yu & Aas Corporation v. Albany Insurance Company Gre Insurance Company

This case involves a dispute over a marine insurance policy. The plaintiffs, Ja-cinta Yu and Yu & AAS Corporation (“the Yus”), owned the fishing vessel “Liberty,” half of which was insured by defendant Albany Insurance Company. When the Liberty sank, the Yus submitted a claim to Albany. Albany denied the claim on the ground that the Yus had failed to comply with the policy’s “Captain Warranty,” which provided that the policy would be suspended when the vessel’s captain was replaced unless Albany had approved the new captain in advance. The Yus then filed suit in the district court, claiming that Albany had breached its contract. The district court awarded summary judgment to Albany, reasoning that the Yus had faked to comply with the unambiguous “Captain Warranty,” and were thus not entitled to recover on the policy. We agree with the district court’s conclusion, and affirm the grant of summary judgment to Albany.

Factual Background

In October 1996, the Yus approached a broker, Ocean Marine Insurance Agency, Inc., to obtain insurance on their fishing vessel, the Liberty. Through its principal, Patrick Kudlich, Ocean Marine obtained a policy for the Yus that was partly…