“Inlet Fishing in a Wilburn Boat; Utmost Good Faith in the Ninth Circuit,” Forrest Booth publishes article in Benedict’s Maritime Bulletin

(Last updated May 15, 2008)

Forrest Booth, Member and head of Severson & Werson’s Maritime Practice Group, has published an article that discusses a recent case decision (Certain Underwriters at Lloyds, London v. Inlet Fisheries, Inc.) handed down by the Ninth Circuit Court of Appeals in San Francisco. Mr. Booth examines the court’s ruling that the doctrine of Utmost Good Faith is an established part of federal admiralty law, and that it applies to the interpretation of all marine insurance policies. Mr. Booth’s article explains that this ruling is significant for two reasons; first, the Ninth Circuit followed several other circuits in its ruling, but it considered and rejected a notable case from the Fifth Circuit which held to the contrary. Also the court held that federal and not state law applies to maritime policies, due to the need for uniformity in maritime law, nation-wide.

The article is published in the First Quarter 2008, Benedict’s Maritime Bulletin (Vol. 6, No. 1), a publication by Matthew Bender. To request a copy of this article, please contact Forrest Booth.