Legal Opinion

Commercial Union Insurance v. M/V Bill Andrews

Court of Appeals for the Fifth Circuit

Decided August 21, 1980No. 78-2966PublishedCited by 4 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge.

The diesel tug M/V COLONEL NEAL sank into the Mississippi River on July 23, 1976 after it was buffeted by wheel wash from the M/V BILL ANDREWS during a refueling operation in which the two vessels were engaged. Commercial Union Insurance Company, insurer of the COLONEL NEAL’s owner, paid $32,000 on the loss, and as subrogee filed this suit against the BILL ANDREWS and its owner, Canal Barge, Co., Inc. The district court found the BILL ANDREWS seventy-five percent at fault and the COLONEL NEAL twenty-five percent at fault, and awarded Commercial Union damages…

2Cases cited11 opinions

  1. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  2. Weyerhaeuser Steamship Co. v. Nacirema Operating Co.Supreme Court of the United States · 1958
  3. Admiral Theatre Corp. v. Douglas Theatre Co.Court of Appeals for the Eighth Circuit · 1978
  4. Tittle v. AldacostaCourt of Appeals for the Fifth Circuit · 1977
  5. Petitions of the Kinsman Transit Company, as Owner and Operator of the Steamer MacGilvray Shiras, and of Midland Steamship Line, Inc., as Owner and Operator of the Steamer Michael K. Tewksbury, Their Engines, Etc., for Exoneration From or Limitation of Liability, City of Buffalo, Claimant-Respondent-Appellant, Kelley Island New York Corporation, Claimants-AppelleesCourt of Appeals for the Second Circuit · 1964

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3Cited by4 opinions

  1. Stevens v. East-West Towing Co.Court of Appeals for the Fifth Circuit · 1981
  2. Oglebay Norton Company, Cross-Appellee v. Csx Corporation, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1986
  3. Robert Stevens v. East-West Towing Company, Inc., Avondale Shipyards, Inc., Cross-Appellee v. East-West Towing Company, Inc. And Vanguard Insurance, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1981
  4. Commercial Union Insurance Company v. M/V Bill AndrewsCourt of Appeals for the Fifth Circuit · 1980

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