Hayes v. Wilh Wilhelmsen Enterprises Ltd.

I concur in the result reached. I feel obliged to write separately, however, to address what I perceive to be a growing confusion in this area of the law — confusion which may be furthered by the main opinion’s reliance upon Fernandez v. Chios Shipping Co., Ltd., 542 F.2d 145 (2d Cir. 1976), and its concern over the “continued vitality” of D/S Ove Skou v. Hebert, 365 F.2d 341 (5th Cir.1966), cert. denied, 400 U.S. 902, 91 S.Ct. 139, 27 L.Ed.2d 139 (1970). To me, the apparent conflict between Fernandez and D/S Ove Skou with respect to indemnity claims between shipowners and time charterers…