New Hampshire Ins. Co. v. Home Savings & Loan Co. of Youngstown, Ohio, No. 08-3902

In a dispute involving insurance coverage brought against policyholder-yacht dealer and marina operator, district court's order and judgment granting defendant's motion to dismiss pursuant to its discretion to decline to exercise jurisdiction over claims brought under the Declaratory Judgment Act is reversed as the court incorrectly assumed that it had jurisdiction, and thus, its analysis of the abstention issue is vacated.  However, the district court's judgment dismissing plaintiff's claims is affirmed as, looking at the interests insured by the policy sub judice, the weight of authority indicated that the insurance policy at issue was not a maritime contract because its primary objective does not relate to maritime commerce.   

Read New Hampshire Ins. Co. v. Home Savings & Loan Co. of Youngstown, Ohio, No. 08-3902

Appellate Information

Argued: March 13, 2009

Decided and Filed: September 24, 2009

Judges

Opinion by Judge Clay 

Counsel

For Appellant:  Edward R. Goldman, Rendigs, Fry, Kiely & Dennis, LLP., Cincinnati, Ohio

For Appellee:  Robert S. Fulton, Newman, Olson & Kerr, Canfiled, Ohio; Rosemary Taft Milby, Weltman, Weinberg & Reis Co., LPA., Cleveland, Ohio.