Legal Opinion
Taisho Marine & Fire Insurance Co., Ltd. v. M/v Sea-Land Endurance Sea-Land Service, Inc.
Court of Appeals for the Ninth Circuit
Decided April 27, 1987No. 86-5747PublishedCited by 26 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
OVERVIEW
Taisho Marine and Fire Insurance Company (Taisho) appeals the district court’s judgment in favor of Sea-Land Service Incorporated (Sea-Land). The court held that the peril of the sea defense under the Carriage of Goods by the Sea Act (COGSA), 46 U.S.C. app. § 1304(2)(c) (Supp. Ill 1985), prevented Taisho from recovering payments made to a shipper for cargo lost by Sea-Land. Taisho contends that the district court (1) reached a conclusion of law not supported by the facts, (2) improperly considered Taisho’s status as an insurer, and (3) incorrectly placed the…
2Cases cited11 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Vana Trading Co. v. S.S. METTE SKOUCourt of Appeals for the Second Circuit · 1977
- Ore Steamship Corporation v. D/SA/S HasselCourt of Appeals for the Second Circuit · 1943
- J. Gerber & Co. v. S.S. Sabine HowaldtCourt of Appeals for the Second Circuit · 1971
- Philippine Sugar Centrals Agency v. Kokusai Kisen Kabushiki KaishaCourt of Appeals for the Second Circuit · 1939
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Farrell Lines Inc. v. Columbus Cello-Poly Corp.District Court, S.D. New York · 1997
- Ferrara v. A. & v. Fishing, Inc.Court of Appeals for the First Circuit · 1996
- Malkandi v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Washington Mutual, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 2017
- Damodar Bulk Carriers, Ltd. v. Damodar TanabeCourt of Appeals for the Ninth Circuit · 1990
21 more not listed; retrieve them via the Exa API.