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Lloyd's Maritime Law Newsletter

Tillery v. Hull & Co. Inc. (The Texas Pride) - U.S. Court of Appeals (11th Circuit) (Vance and Anderson Ct.JJ. and Atkins S.D.J.) - 12 July 1989

Marine Insurance - Illicit drug smuggling - Damage caused to vessel after seizure by Jamaican authorities - Whether loss recoverable from insurers

The vessel Texas Pride was owned by the plaintiff and was insured by the defendants under a standard policy containing a barratry clause and an FCS clause. Whilst the vessel was insured under the policy the plaintiff entered into another contract whereby Captain Paul Miller agreed to fish the Texas Pride off the coast of Florida. The contract prohibited fishing in excess of 200 miles from the shore, and it prohibited the carrying of illegal substances. Shortly after the contract was concluded, Captain Miller took the boat to Jamaica for the purpose of picking up a shipment of marijuana. The boat was seized by Jamaican authorities and stripped of its gear and equipment.

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