Complaint of Twenty Grand Offshore, Inc., Etc. Twenty Grand Offshore, Inc. v. West India Carriers, Inc., Claimant-Appellee

(specially concurring):

Because we struggle in this ease, as others have, to accommodate Bisso1 to the context in which towboat and barge seek to decide by contract who will bear the cost of insurance, it may be useful for me to state in a separate opinion my views and process of reasoning. If free to do so, I could with comfort hold that, at least absent monopolistic compulsion, towboat and towed vessel can bargain as they wish over both allocating the cost of insurance and concomitantly releasing from liability for negligence.2

But the fly in the ointment is Crescent Towing & Salvage Co. v.…