No. 20-1779

Carlos A. Morales-Vázquez v. Óptima Seguros

Lower Court: First Circuit
Docketed: 2021-06-23
Status: Denied
Type: Paid
Experienced Counsel
Tags: contract-avoidance disclosure federal-maritime-law insurance-disclosure marine-insurance maritime-insurance maritime-law material-risk materiality reliance uberrimae-fidei
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-10-29
Question Presented (from Petition)

Does the traditional doctrine of wberrimae fidei continue to apply in its strict form (as held by the First Circuit in the decision below and also by the Third, Ninth, and Eleventh Circuits), or is the doctrine limited to cases in which the insurer relied on a mistake or omission when issuing the policy (as held by the Second and Eighth Circuits), or is the traditional doctrine no longer part of federal maritime law (as held by the Fifth Circuit), or should the doctrine be modified to limit an insurer's ability to avoid the policy (which would restore uniformity with the law in England)?

Question Presented (AI Summary)

Does the traditional doctrine of uberrimae fidei continue to apply in its strict form, or is the doctrine limited to cases in which the insurer relied on a mistake or omission when issuing the policy, or is the traditional doctrine no longer part of federal maritime law, or should the doctrine be modified to limit an insurer's ability to avoid the policy?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-06
DISTRIBUTED for Conference of 10/29/2021.
2021-10-04
Reply of petitioner Carlos A. Morales-Vázquez filed. (Distributed)
2021-09-21
Brief of respondent Óptima Seguros in opposition filed.
2021-07-21
Motion to extend the time to file a response is granted and the time is extended to and including September 21, 2021.
2021-07-20
Motion to extend the time to file a response from July 23, 2021 to September 21, 2021, submitted to The Clerk.
2021-06-17
Petition for a writ of certiorari filed. (Response due July 23, 2021)

Attorneys

Carlos A. Morales-Vázquez
Michael F. Sturley — Petitioner
Óptima Seguros
Manuel Sosa-BaezSaldana, Carvajal && Velez-Rive, PSC, Respondent
Fernando J. Collazo-ValleSaldana, Carvajal & Velez-Rive, PSC, Respondent