describing a liability policy as one in which the insurer must pay the damages in contrast to an indemnity policy'in. which the insurer simply reimburses the insured for expenses the insured has already paid
How later courts described this case
- describing a liability policy as one in which the insurer must pay the damages in contrast to an indemnity policy'in. which the insurer simply reimburses the insured for expenses the insured has already paid
- noting that the court avoids the Wilburn Boat choice of law inquiry whenever possible
- “When admiralty law speaks to a question, state law cannot override it____ But when admiralty law is silent, and there is no need for uniformity, state law must be heard.”
- application of subjective standard for determining necessity of removal
Written by the judges who cited it.
The opinion
ON REHEARING AND REHEARING EN BANC
Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, RAN *471 DALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the cause shall be reheard by the Court en banc without oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.