Legal Opinion
Gibbs v. Hawaiian Eugenia Corp.
District Court, S.D. New York
Decided September 4, 1991No. 83 Civ. 2751(MEL)PublishedCited by 2 opinions
1Opinion of the Court
LASKER, District Judge.
This case presents issues concerning the rights of an insurer who has honored a claim under a Marine Insurance policy when the insured releases a third party allegedly liable for the loss. The question presented is whether the indemnified insured party has a duty to establish in the release that the insurer’s subrogated rights have been reserved.
On October 14, 1980, defendant, the Hawaiian Eugenia Corporation, owner of the vessel Poet, entered into a charter party with the Egyptian Company of Maritime Transport (the “Charterers”) agreeing to carry a shipment of corn…
2Cases cited8 opinions
- Lyell Theatre Corp. v. Loews Corp.Court of Appeals for the Second Circuit · 1982
- Herman T. DOVE, Appellant, v. CODESCO, Formerly Known as Washington Dental Supply Company, AppelleeCourt of Appeals for the Fourth Circuit · 1978
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- Lukensow v. Harley CarsDistrict Court, S.D. New York · 1989
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3Cited by2 opinions
- Gibbs v. Hawaiian Eugenia Corp.Court of Appeals for the Second Circuit · 1992
- Gibbs v. Hawaiian Eugenia CorporationCourt of Appeals for the Second Circuit · 1992