Chief Judge Kozinski begins this opinion with the following line: "We consider the doctrine that’s on everyone’s lips: uberrimae fidei."
Which is indeed a funny opening. Especially since, as loyal readers already know, that doctrine is indeed on everyone's lips, at least after Judge McKeown's scholarly exposition on the subject last month.
Two published Ninth Circuit opinions on uberrimae fidei in the scope of six weeks. Not bad. Our lead in the field of maritime insurance doctrine has never been more secure.
P.S. - For what it's worth, I tend to agree with Alex in this one. Even though, as he forthrightly concedes, his decision creates a fairly clear split with the Eleventh Circuit. Notwithstanding the split, however, I doubt that the Supreme Court will instantly take this one up, as they'll probably require a bit more "percolation" in the lower courts before stepping in. Which should easily happen in, say, three or four decades.
By the way, I doubt even more that the Eleventh Circuit will follow Chief Judge Kozinski's virtually-tongue-in-cheek suggestion that his colleages on the Eleventh Circuit "reconsider this question the next time they have occasion to rule on it." Ho ho ho. You're a riot, my man.
