Atlas Assurance Co. v. Harper, Robinson Shipping Co.

OPINION

SNEED, Circuit Judge:

This case presents two interesting questions concerning marine cargo insurance. First, whether a shipper of goods who procures cargo insurance remains an Assured following his transfer of a certificate of insurance with the bill of lading to the consignees of the cargo pursuant to a CIF sale.1 Second, whether the insurer may be subrogated to the claims of the consignees against the carrier when the cargo damage was caused by stevedores and the cargo was shipped on an FIO basis 2 by the shipper who had procured the insurance. The case was tried on stipulated facts…