Hugo Black

“ Congress has not taken over the regulation of marine insurance contracts and has not dealt with the effect of marine insurance warranties at all; hence there is no possible question here of conflict between state law and any federal statute. But this does not answer the questions presented, since in the absence of controlling Acts of Congress this Court has fashioned a large part of the existing rules that govern admiralty. And States can no more override such judicial rules validly fashioned than they can override Acts of Congress. ”

“ The whole judicial and legislative history of insurance regulation in the United States warns us against the judicial creation of admiralty rules to govern marine policy terms and warranties. The control of all types of insurance companies and contracts has been primarily a state function since the States came into being. ”

“ Since the insurance policy here sued on is a maritime contract the Admiralty Clause of the Constitution brings it within federal jurisdiction. New England Mutual Marine Insurance Co. v. Dunham, 11 Wall. 1, 20 L.Ed. 90. But it does not follow, as the courts below seemed to think, that every term in every maritime contract can only be controlled by some federally defined admiralty rule. In the field of maritime contracts [7] as in that of maritime torts, [8] the National Government has left much regulatory power in the States. ”

“ Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, this Court in the Coos County case simply followed a general doctrine commonly applied to warranties in all types of insurance. [9] A mere cursory examination of the cases, state and federal, will disclose that through the years this common-law doctrine, when accepted, has been treated not as an admiralty rule but as a general warranty rule applicable to many types of contracts including marine and other insurance. [10] There are very few federal cases on marine insurance in which the strict breach of warranty rule has even been considered. ”

“ Pope & Talbot v. Hawn, 346 U.S. 406, 74 S.Ct. 202, 98 L.Ed. 143; Butler v. Boston & Savannah S.S.C.o., 130 U.S. 527, 557 558, 9 S.Ct. 612, 619, 32 L.Ed. 1017.↑ See, e.g., Phoenix Mutual Life Ins. Co. v. ”