132313P.pdf   07/17/2014  New York Marine & General Ins.  v.  Continental Cement Company
   U.S. Court of Appeals Case No:  13-2313
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Murphy, Author, with Wollman and Gruender, Circuit Judges] 
   Civil case - Insurance. In this action to determine coverage for a sunken 
   barge where the insurer denied coverage on the ground the insured had 
   failed to disclose the condition of the barge as required by the insured's 
   duty to exercise the utmost good faith, the district court did not err in 
   determining that the doctrine of utmost good faith is such a judicially 
   established federal admiralty rule that it applied to this maritime 
   insurance dispute rather than Missouri state law; defendant waived its 
   appeal of the denial of its motion for judgment as a matter of law on the 
   insurer's utmost good faith defense by failing to file a postverdict 
   motion under Rule 50(b) after the district court denied its Rule 50(a) 
   motion; assuming defendant did not waive its challenge to the jury 
   instruction on the defense of utmost good faith, the instruction 
   adequately and fairly presented the issues, including the question of 
   whether the undisclosed facts were material to calculation of the risk and 
   the terms of the coverage.