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Results: 11-20 of 26

Is a charterparty a contract for carriage of goods by water?

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • November 17 2011

Companhia Siderurgica Paulista (COSIPA), BLG’s client, concluded a Gencon-form voyage charterparty with Fednav (disponent owner of the defendant vessel), for the carriage of steel coils from Brazil to the U.S.A. and Canada

Newfoundland statute no bar to lawsuits by fishermen’s widows

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • November 17 2011

A 2011 case involving wrongful death compensation for deceased fisheries workers in Atlantic Canada revealed an interesting conflict in governing legislation that should be noted by the maritime industry

Deceased driver’s failure to have auto insurance bars heirs from pursuing wrongful death claims

  • Porzio Bromberg & Newman PC
  • -
  • USA
  • -
  • September 6 2011

New Jersey’s Survivors Act, N.J.S.A. 2A:15-3, allows an appointed representative to file any cause of action that the decedent could have brought if he or she had not died

Truck lease is valid, and policy exclusion applies, when husband signed lease with wife's authorization

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • July 27 2011

Guillermo and Maria Medina's son gave his old truck cab to his mother

"Operating" a vehicle includes being a passenger in your own uninsured vehicle

  • Porzio Bromberg & Newman PC
  • -
  • USA
  • -
  • June 6 2011

N.J.S.A. 39:6A-4.5(a) provides in pertinent part that “any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by N.J.S.A. 39:6A-4 or N.J.S.A. 39:6A-3.1 shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident while operating an uninsured automobile.”

Doctrine of uberrimae fidei ends insured’s claim for benefits under maritime policy

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 3 2011

The Ninth Circuit affirmed summary judgment for defendant insurer United Specialty Insurance Company based on the admiralty doctrine of uberrimae fidei or "utmost good faith," a doctrine sometimes used in reinsurance arrangements

Appeals court derails attempt to vacate arbitration award

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 21 2010

Burlington Northern and Santa Fe Railway Company (BNSF) and the Public Service Company of Oklahoma (PSO) entered into a long-term agreement in 1985 pertaining to the transport of coal

State statutory bad faith claim against insurer denied on basis of choice of law provision requiring application of Mexican law

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 10 2010

Deep Sea Financing, LLC filed suit against British Marine as an alleged loss payee under a policy of marine hull insurance issued by British Marine to Dragados Mundiales del Caribe S.A. de C.V., covering a dredge and other equipment owned by Dragados

American Rule prohibits recovery of attorneys' fees incurred defending suit in impermissible forum

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • November 2 2010

Three shipments of steel made their way across the Atlantic Ocean in 2001 and were delivered at Burns Harbor, Indiana

Federal regulations do not prohibit motor carrier insurance chargebacks

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • August 19 2010

Mayflower Transit is in the business of transporting household goods from one location to another

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