Legal Opinion
Great American Insurance Companies v. M/V Romeral
District Court, E.D. Louisiana
Decided April 11, 1997No. Civil Action No. 95-1626Published
1Opinion of the Court
ORDER AND REASONS
MENTZ, District Judge.
Before the court is a motion of the plaintiff, Great American Insurance Companies, for reconsideration of cross-motions for partial summary judgment. The issue for reconsideration is whether on-deck stowage of a tractor on a flat-rack container under a clean bill of lading constitutes an unreasonable deviation defeating the $500 per package limitation of liability provided to the carrier under the Carriage of Goods by Sea Act (COGSA), 46 U.S.C.App. § 1304(5).1 A shipper with a clean bill of lading is entitled to expect below-deck stowage. Ingersoll…
2Cases cited5 opinions
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- Ingersoll Milling Machine Co. v. M/V BodenaCourt of Appeals for the Second Circuit · 1987
- ETS Gustave Brunet, S.A. v. M.V. "Nedlloyd Rosario"District Court, S.D. New York · 1996
- Hojgaard & Schultz v. Transamerican Steamship Corp.District Court, S.D. New York · 1984
- Great American Ins. Companies v. M/V ROMERALDistrict Court, E.D. Louisiana · 1996