Legal Opinion

Affiliated FM Insurance v. United States

United States Court of International Trade

Decided April 19, 1985No. Court No. 83-7-01039PublishedCited by 2 opinions

1Opinion of the Court

DiCarlo, Judge:

Between December, 1979 and September 1980, Fiat Motors of North America, Inc. (Fiat) made seventeen entries covering 1,578 automobiles at Wilmington, Delaware. Fiat paid all duties and the vehicles were released to Fiat from the custody of the United States Customs Service (Customs).

In October, 1980, a tidal flood struck the Wilmington port. The vehicles were declared constructive total losses. Affiliated FM Insurance Company (Affiliated) became the owner of the automobiles when it paid Fiat the landed cost of the vehicles, including the duties, under an insurance contract.

Affil…

2Cases cited6 opinions

  1. United States v. C. J. Tower & Sons of Buffalo, Inc.Court of Customs and Patent Appeals · 1974
  2. C. J. Tower & Sons of Buffalo, Inc. v. United StatesUnited States Customs Court · 1972
  3. Kroger Grocery & Baking Co. v. United StatesUnited States Customs Court · 1945
  4. Lowa, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 1984
  5. Camilo E. Rosello, Inc. v. United StatesUnited States Customs Court · 1969

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Affiliated Fm Insurance Co. v. United StatesCourt of Appeals for the Federal Circuit · 1986
  2. Affiliated Fm Insurance Company, as Subrogee of Fiat Motors of North America, Inc., & Fiat Motors of North America, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1986

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