Wilburn Boat Co. et al. v. Fireman's Fund Insurance Co. (348 U.S. 310)
U.S. Supreme Court · decided February 28, 1955 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 310 · 75 S. Ct. 368
- Decided
- February 28, 1955
- Term
- October Term 1954
- Vote
- 6–2
- Majority author
- Justice Black
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. This case raises questions concerning the power of States to regulate the terms and conditions of marine insurance contracts. Glenn, Frank and Henry Wilburn, merchants in Deni-son, Texas, bought a small houseboat to use for commercial carriage of passengers on nearby Lake Texoma, an artificial inland lake between Texas and Oklahoma. The respondent Fireman’s Fund Insurance Company insured the boat against loss from fire and other perils. While moored on the lake the boat was destroyed by fire. Following respondent’s refusal to pay for the loss, this suit was brought in a Texas state court by the Wilburns and by their wholly owned corporation, the Wilburn Boat Company, to which the boat’s legal title had been transferred. After removal of the case to the United States District Court because of diversity, respondent answered admitting issuance of the policy, payment of premiums and destruction of the boat. Liability was denied however because of alleged breaches of printed policy terms or "warranties” providing that, without written consent of the company, the boat could not be sold, transferred, assigned, pledged, hired or chartered, and must be used solely for private pleasure purposes. The case was submitted on stipulated facts supplemented by oral testimony. Contending that the evidence showed the policy contract to have…
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