Legal Opinion
Humble Oil & Refining Company v. Philadelphia Ship Maintenance Co., Inc.
Court of Appeals for the Third Circuit
Decided June 3, 1971No. 18941PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
This appeal presents the tridimensional conflict created when a longshoreman seeks redress from the shipowner for injuries sustained in the course of his employment, and the shipowner, in turn, looks to the stevedore for indemnification. We must examine the scope of a stevedore’s duty to defend and indemnify the shipowner, and determine whether a refusal to accept a tender of defense collaterally estops the stevedore from litigating those facts resolved in the longshoreman's action.
Under contract to load stores aboard appellee’s vessel, appellant…
2Cases cited41 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
36 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Paul J. Glick v. White Motor Company v. North American Rockwell Corp., (Third Party Defendant)Court of Appeals for the Third Circuit · 1972
- Universal American Barge Corp. v. J-Chem, Inc., J-Chem, Inc., Etc., Degesch America, Inc., and Fumigators, Inc.Court of Appeals for the Fifth Circuit · 1992
- Carmen Carrillo Vda De Cerich v. Sameit Westbulk and Johan Hagenes, and Third-Party v. Caribe Shipping Company, Inc., Third-Party DefendantsCourt of Appeals for the First Circuit · 1975
- Solano v. BeilbyCourt of Appeals for the Ninth Circuit · 1985
- Cooper v. LoperCourt of Appeals for the Third Circuit · 1991
32 more not listed; retrieve them via the Exa API.