New York Cross Harbor Railroad Terminal Corp. v. Atlantic Mutual Insurance Co.

OAKES, Circuit Judge:

This case involves the liability of an insurer on a marine protection and indemnity insurance policy covering a barge fitted for the carriage of railcars where, under federal law, the insured is deemed a “railroad” governed by the Interstate Commerce Commission (“ICC”). In November 1984 the unfortunate barge sank alongside Pier 1 at the Brooklyn Army Terminal with fifteen cargo-filled railcars on it.

The case presents a potential conflict between limitation of liability language derived from the Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. app. §§ 1300-15 (Supp. Ill…