Ace American Insurance Co. v. Fountain Powerboats, Inc.

2007 WL 2438338 (2007)

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Ace American Insurance Co. v. Fountain Powerboats, Inc.

United States District Court for the District of New Hampshire

2007 WL 2438338 (2007)

Facts

Mark Brewster (plaintiff) bought a powerboat from Silver Sands Marina, Incorporated (defendant). Fountain Powerboats, Incorporated (defendant) manufactured the boat. One day, the boat capsized while Brewster was driving it. The boat was declared a total loss. Soon after, Brewster informed Silver Sands Marina of the accident and suggested that the accident was due to a defect in the design of the boat. Brewster did not notify Fountain Powerboats. Brewster’s insurance, Ace American Insurance Company (plaintiff) paid the loss on the boat and brought subrogation claims against Silver Sands Marina and Fountain Powerboats for breach of implied warranty. Fountain Powerboats moved to dismiss the claim for breach of warranty for lack of timely notice.

Rule of Law

Issue

Holding and Reasoning (McAuliffe, J.)

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