Great Lakes Reinsurance (UK) SE v. Herzig

Damaged Yacht's Owner's Counterclaims Against Insurer Denied Trial by Jury

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ORDER This action concerns a marine insurance dispute between Plaintiff Great Lakes Reinsurance (“Great Lakes”) and Defendant Peter Herzig, the owner of a yacht insured by Great Lakes. Plaintiff brings this action under this Court’s admiralty jurisdiction pursuant to Fed. R. Civ. P. 9(h). (Second Amended Complaint (“SAC”) (Dkt. No. 48) 3) Pending before the Court is Defendant Herzig’s motion to amend his counterclaims and for a jury trial. (Dkt. No. 62) For the reasons stated below, Defendant’s motion will be denied. BACKGROUND I. FACTS According to the SAC, Herzig owns “Crescendo,” a 62-foot yacht (hereinafter “the Vessel”). (SAC (Dkt. No. 48) 6) Great Lakes issued to Herzig a year-long $600,000 marine insurance policy for the Vessel (hereinafter “the Policy”), with an effective date of May 26, 2016. (Id. 13) In deciding to issue the Policy, Great Lakes relied on an application submitted by Herzig representing, inter alia, that the present value of the Vessel was $600,000. (Id.

9, 12) According to Great Lakes, in the application Herzig “misrepresented material facts regarding the extent and the dollar value of the work, the repairs, and/or the maintenance performed on the [V]essel.” (Id. 20) Great Lakes states that it would not have agreed to provide a $600,000 policy if Herzig had submitted accurate information in his application. (Id. 21) On October 7, 2016, the Vessel was damaged in a hurricane. (Id. 16) Herzig subsequently made a claim against the Policy for $450,000, alleging that this sum was necessary to cover repairs to the Vessel. (Id. 17) Great Lakes investigated Herzig’s claim, and concluded that the maximum cost of repairs would be $175,000. (Id. 18) Because of a dispute with Herzig about the amount necessary to effect repairs to the vessel, Great Lakes filed the instant case. (Id.

Great Lakes Reinsurance (UK) SE v. Herzig

Damaged Yacht's Owner's Counterclaims Against Insurer Denied Trial by Jury

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