Boat Owners Association of the United States, Boat America Corporation v. Sea Ventures of California Inc.
Published: Sep. 23, 2000 | Result Date: Aug. 7, 2000 | Filing Date: Jan. 1, 1900 |Case number: CV998703 Bench Decision – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Neil S. Lerner
(Cox, Wootton, Lerner, Griffin & Hansen LLP)
Defendant
Facts
In February 1997, the plaintiff and the defendant entered into a license/service agreement (LSA), which provided
the defendant with the right to act as the TowBoat/U.S. licensed tower from Point Conception south to Point
Dume.
In March 1998, the LSA was amended to provide the defendant with the right to act as the TowBoat/U.S.
licensed tower in Marina del Rey also. The LSA set forth terms and conditions that included that the defendant
would continuously maintain insurance policies on all its vessels. Prior to entering into the LSA with the
defendant, the plaintiff checked the insurance that defendant indicated covered its boats. The defendant
cancelled the insurance in 1992.
In November 1998, the defendantÆs Marina del Rey towboat sank in the course of towing a boat. The policy for
the towboat was never produced and the LSA was eventually terminated by the plaintiff.
Result
The court granted summary judgment for the plaintiff. The plaintiff prevailed on its claim for declaratory relief and the defendant's claim for breach of contract may not proceed.
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