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46 Tul. Mar. L.J. 115 (2022)
Utmost Good Faith in Marine Insurance - The Reports of My Death Have Been Greatly Exaggerated

handle is hein.journals/tulmar46 and id is 125 raw text is: Utmost Good Faith in Marine Insurance- The Reports of My Death Have Been Greatly Exaggerated Attilio M. Costabel* First, American courts are not bound by legal developments in the United Kingdom. Federal courts tasked with hearing admiralty cases should take heed of developments in English law, but they are not obliged to change course merely because Parliament acts to alter a previously entrenched principle. -QBE Seguros v. Morales- Vdzquez If there are still 'special reasons for keeping in harmony with the marine insurance laws of England, the great field of this business' it will be interesting to see what effect the Act has on American maritime law. Maybe, just maybe, this case will prove tempting enough for the Supreme Court to wade in and let us know what it thinks of Wilburn Boat today. -Travelers Property Casualty v. Ocean Reef Charters LLC I. INTRODUCTION ................................................................................. 116 II. THE FIRST CIRCUIT'S TEA PARTY................................................ 118 A . A P lea for Change ............................................................ 118 B. A Misguided Declaration of Independence...................... 119 1. There Is No Established Principle to Override; No Settled Law to Upend........................................119 2. The Decision of the British Parliament is Not Capricious....................................................................... 120 3. And No Rebarbative Consequences.......................... 121 a. Reactions of the Industry ....................................... 122 b. On the Contrary, It is Maintaining the American Status Quo That Would Have Bad Consequences......................................................... 123 * © 2022 Professor Attilio Costabel teaches Marine Insurance Law as adjunct professor at St. Thomas University School of Law, Miami, where he also teaches Admiralty Law, Admiralty Procedure, Transnational Litigation, and International Business Transactions. 115

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