U.S. Court of Appeals for the Fifth Circuit, 1973

York-Shipley, Inc. v. Atlantic Mutual Insurance Company

U.S. Court of Appeals for the Fifth Circuit · Decided May 30, 1973 · Bell, Thornberry, Grooms

476 F.2d 1283; 12 U.C.C. Rep. Serv. (West) 1136; 1973 U.S. App. LEXIS 9692 (Federal Reporter, Second Series)

Counsel

Roland R. Parent, Miami, Fla., Joseph J. Magrath, New York City, for defendants-appellants., Adams, George & Wood, Miami, Fla., for Atlantic Mut., Thomas J. Schulte, Suarez, Carricate & Freire, Miami, Fla., for Int’l Fwdrs.

Cases that cite this one

3 later published cases cite this decision.

ABB Power T & D Co. v. Gothaer Versicherungsbank VVAG (United States District Court for the Southern District of Florida 1996)
Corat International, Inc. v. Taylor (Fla. Dist. Ct. App. 1985)
Sig M. Glukstad, Inc., D/B/A Miami International Forwarders v. Lineas Aereas Paraguayas and Allstate Insurance Company, Jointly and Severally (5th Cir. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ON PETITION FOR REHEARING

PER CURIAM:

Appellee urges on petition for rehearing that it proceeded in the district court on its insurable security interest as a creditor or lien holder, U.C.C., Article 2, § 501 (2), 1 or in the alternative, as assignee from the buyer for the purpose of collecting the claim against the insurance company.

Our prior decision in this matter 2 is premised on the supposition that appellee had no insurable interest in the shipment, whether by title or security interest and thus lacked standing. It is implicit in our decision that the insurance was purchased for the buyer to accommodate the C.I.F. shipment by appellee, the seller, and not for appellee’s own interest. It is now apparent that the principal question in the ease and one that has not been answered is whether appellee was insured at all. If so, the subsequent question will be to identify such insurable interest as appellee may have, if any.

So that these questions may be reached we vacate our holding that appellee lacked standing as well as the judgment of the district court and remand with direction that these questions be determined.

Vacated and remanded with direction.

. 19A Florida Stat.Ann. § 672.2-501(2):

“The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him . . .”

. 474 F.2d 8 (5 Cir., 1973).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.