Insurer Beware: The Eleventh Circuit Turns a Blind Eye to Express Captain Warranties Under Florida State Law

Abstract

It is no great mystery that boats move, often in and out of different
jurisdictions; it is what they are designed to do. However, the lack of
controlling federal principles, especially for captain warranties—which
could mean the difference between the destruction and survival of a vessel—may cause insurers to hesitate. When an insurer cannot be certain
what laws will govern, it is unlikely that they could accurately assess and
prevent risks, especially when express provisions written directly into the
contract may not even be enforceable against the insured.