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.