New maritime insurance (specifically Marina Operators) case from the Eleventh Circuit Court of Appeals. It is unpublished and skimpy, but does analyze a protection and indemnity insurance policy. The case is Team v. City of Miami, 2010 U.S. App. LEXIS 25738 and can be found here.
A Miami police officer was on patrol on a boat that collided with another boat injuring a person that other boat. The City was sued and sought coverage under its Marina Operators Legal Liability Policy.
The City argued that under the triggering section of the policy, it was entitled to protection and indemnity because the policy provided such protection during the course of "normal business operations." The City argued that the police officer patrol was a "normal business operation."
Not so, sayeth the Court, which read the entire insurance policy. The entire policy demonstrated that the phrase "normal business operations" related to the City's operation of a marina and not all City operations. Further, the declaration in the policy listed the marina's workboats and not the police boats.
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