153 Ga. App. 220 | Ga. Ct. App. | 1980
1. The basic defenses of the Sassers are abandonment and salvage, both concepts arising under federal maritime law. See 46 USCA 721 et seq. The Gypsy Queen went down in navigable waters. Therefore, even though federal courts may have exclusive jurisdiction over the establishment and amount of salvage liens sought by the salvors of ships or cargo, where the defendant seeks to justify his action and present a defense or counterclaim under maritime law, that law must be given effect. In Pope & Talbot, Inc. v. Hawn, 346 U. S. 406, 409 (74 SC 202, 98 LE 143), where it was contended that Pennsylvania law should be applied in a negligence action brought in a federal district court, it was held: "Even if Hawn were seeking to enforce a state created remedy for this [negligent tort], federal maritime law would be controlling. While states may sometimes supplement federal maritime policies, a state may not deprive a person of any substantial admiralty rights as defined in the controlling acts of Congress or by interpretative decisions of this Court. These principles have been frequently declared and we adhere to them. See e.g., Garrett v. Moore-McCormack Co., 317 U.S. 239, 243-246, and cases there cited. . . [A] state which undertakes to enforce federally created maritime rights [cannot] dilute claims fashioned by federal power, which is dominant in this field.” It follows that this court will look to federal maritime law as controlling in these defenses. The argument that the defendants were mere volunteers is without merit.
2. Whether or not denominated a trover action, this
3. Error is assigned on a pretrial ruling of the court granting a motion of the plaintiffs which stated it expected the defendant to attempt to prove that plaintiffs had received insurance benefits as a result of "the incident giving rise to the litigation” that any "inference [sic] to such insurance benefits” would be irrelevant and prejudicial to the issues presented, and requesting an order suppressing such evidence. We consider this ruling to be error requiring reversal. It is true that evidence of liability insurance for the benefit of one charged with negligence is usually refused, the rationale being that the evidence is irrelevant and prejudicial because it suggests to the jury that the wealth of the insurer is available to assuage the tort. Southeast Transport Corp. v. Hogan Livestock Co., 133 Ga. App. 825 (212 SE2d 638) (1975). Where, however, the existence of insurance becomes relevant for some other reason, it should be admitted. See Petway v. McLeod, 47 Ga. App. 647 (3) (171 SE 225) (1933). In this case there was an admitted abandonment by the owner of the wrecked houseboat, except for the objects removed by the defendant. As to these he claimed a right of possession. The defendant urges that full insurance value had been paid to the plaintiffs in this case, as shown by a colloquy which took place outside the hearing of the jury, and that had they been allowed to pursue a proper cross examination they would have established that the defendants had in fact been paid for a total loss, in which case they would have no right of possession of the rebuilt engines, and certainly none superior to the salvage rights inhering in the defendants. It is further argued that had he been allowed to produce evidence, assuming the payment to have been on a total loss basis, the present action would be an unjust enrichment of the plaintiff, and
The usual reasons for excluding insurance coverage do not apply in this case. Liability insurance is not involved. The right to possession of integral parts of the houseboat is at issue, and the burden is on the plaintiff to establish it. In all fairness the defendants should be allowed to prove, if they can, that the plaintiffs in this action for conversion of their property no longer had a right of immediate possession.
4. As the case is to be tried again, the remaining enumerations of error are not passed upon.
Judgment reversed.