Legal Opinion
Kukje Hwajae Insurance v. The "M/V Hyundai Liberty"
Court of Appeals for the Ninth Circuit
Decided June 26, 2002No. Nos. 00-56970, 00-57049PublishedCited by 6 opinions
1Opinion of the Court
OPINION
GRABER, Circuit Judge.
This case requires us to answer two questions: (1) whether the owner of cargo, who contracted with an intermediary non-vessel operating common carrier (NVOCC) to arrange for the carriage of cargo on a ship, was bound by the forum-selection clause in the bill of lading issued by the ship’s owner to the NVOCC, and (2) whether the NVOCC was entitled to take advantage of a statutory limitation of liability by having given the cargo’s owner a “fair opportunity” to opt for higher limits by paying a greater charge. We hold that the cargo’s owner was bound by the…
2Cases cited8 opinions
- Balint v. Carson CityCourt of Appeals for the Ninth Circuit · 1999
- R.A. Argueta, Husband Mary Argueta, Wife Grupo Sal Corporation v. Banco Mexicano, S.A. Francisco Suarez Davila Alonso Cuevas Del VillarCourt of Appeals for the Ninth Circuit · 1996
- Fireman's Fund Insurance Company v. M v. Dsr Atlantic, Her Engines, Tackle, MacHinery Etc., in Rem Cho Yang Shipping Company, Ltd., a CorporationCourt of Appeals for the Ninth Circuit · 1998
- Polo Ralph Lauren, L.P. v. Tropical Shipping & Construction Co.Court of Appeals for the Eleventh Circuit · 2000
- Lux Art Van Service, Inc., a California Corporation v. Art PollardCourt of Appeals for the Ninth Circuit · 1965
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harris Rutsky & Co. Insurance Services, Inc. v. Bell & Clements LimitedCourt of Appeals for the Ninth Circuit · 2003
- Kukje Hwajae Insurance Co. v. M/V Hyundai LibertyCourt of Appeals for the Ninth Circuit · 2005
- Kukje Hwajae Insurance Co., Ltd., a Corporation, Plaintiff-Appellant/cross-Appellee v. The "M/v Hyundai Liberty," Her Engines, Boilers, Tackle, Etc., in Rem, Defendant-Appellee/cross-Appellant, and Glory Express, Inc., a Business Entity, in Personam, Glory Express, Inc., a California Corporation, Third-Party v. Streamline Shippers Association, a California Corporation, Third-Party and Hyundai Merchant Marine Co., Ltd., a Business Entity, Does 1-10 Inclusive, Third-PartyCourt of Appeals for the Third Circuit · 2002
- Hendricks v. Bank of AmericaCourt of Appeals for the Ninth Circuit · 2005
- Hendricks v. Bank of AmericaCourt of Appeals for the Ninth Circuit · 2005
1 more not listed; retrieve them via the Exa API.