Holsatia Shipping Corp. v. Fidelity & Casualty Co.

OPINION

CANNELLA, District Judge:

After a nonjury trial on the merits of plaintiff’s complaint, the Court finds for plaintiff. Pursuant to the stipulation of the parties, this action is referred to Magistrate Washington for a determination of the accuracy of the general average adjustments.

FACTS

This is an admiralty and maritime claim for contribution in general average over which the Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1333 and Fed. R.Civ.P. 9(h). The defendant cargo insurers refuse to pay the general average assessment on the ground that plaintiff failed to exercise…