St. Paul Fire and Marine Insurance Co. vs Lago Canyon Inc.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 29, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-10040
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D.C. Docket No. 0:06-cv-60889-JIC
ST. PAUL FIRE AND MARINE INSURANCE CO.,
llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
lllll
llllllllllllllllllllll Plaintiff-Counter
llllllllllllllllllllll Claimant-Appellee,
lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
versus
LAGO CANYON INC.,
llllllllllllllllllllll Defendant-Counter
llllllllllllllllllllll Claimant-Appellant.
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Appeals from the United States District Court
for the Southern District of Florida
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(March 29, 2011)
Before BARKETT, HULL and KRAVITCH, Circuit Judges.
PER CURIAM:

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Lago Canyon appeals from an adverse summary final judgment, entered
following remand from this Court, concluding that there was no coverage for the
partial sinking of Lago Canyon’s yacht under the marine insurance contract issued
by St. Paul Fire and Marine Insurance Company. St. Paul also cross-appeals the
district court’s determination of the pre-judgment interest rate of nine percent to be
applied to Lago Canyon’s $7,500 claim for towing charges.
After careful consideration of the parties’ briefs and the record in this case
and having the benefit of oral argument, we find no reversible error in the district
court’s declaratory judgment of no coverage to St. Paul. Likewise, we see no error
in the district court’s determination of the pre-judgment interest rate.
AFFIRMED.
2

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