York-Shipley, Inc. v. Atlantic Mutual Insurance Company
Court of Appeals for the Fifth Circuit
1Per curiam
In this cargo insurance case, the district court found that at the time of the damage, the plaintiff-appellee, YorkShipley, Inc., was the owner of the boiler in question. This was clearly erroneous since the cargo was shipped C.I.F. port of destination. Title to the boiler passed to the consignee when it was shipped from Miami in accordance with the terms of the contract. York-Shipley had no property rights in the boiler at the time it was damaged, and therefore had no insurable interest. Because York-Shipley, Inc. lacks standing to bring this suit, we need not reach the other errors…
2Cases cited4 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Flast v. CohenSupreme Court of the United States · 1968
- Sierra Club v. MortonSupreme Court of the United States · 1972
- Smith Co. v. MaranoSupreme Court of Pennsylvania · 1920
3Cited by13 opinions
- Farbwerke Hoeschst A. G. v. M/V "DON NICKY"Court of Appeals for the Fifth Circuit · 1979
- Louis v. Pennsylvania Industrial Development AuthorityDistrict Court, E.D. Pennsylvania · 1974
- Sig M. Glukstad, Inc., D/B/A Miami International Forwarders v. Lineas Aereas Paraguayas and Allstate Insurance Company, Jointly and SeverallyCourt of Appeals for the Fifth Circuit · 1980
- Morrison Grain Co., Inc. v. Utica Mut. Ins. Co.District Court, M.D. Florida · 1978
- ABB Power T & D Co. v. Gothaer Versicherungsbank VVAGDistrict Court, S.D. Florida · 1996
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