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Admiralty Law Keyed to Maraist
Royal Insurance Company of America v. Cineraria Shipping Co.
Citation:
894 F. Supp. 1557 (1995)Facts
On October 29, 1986, the M/V KALLIOPI II was departing Tampa Bay port with a cargo of scrap iron bound for Korea. During departure, while under the control of a Tampa Bay pilot, the vessel’s rudder struck the western bank of Channel D, causing damage to the steering gear machinery. The master determined the vessel could not proceed on its own, and it returned to berth with tug assistance. After inspection revealed disabling damage to the rudder stock, the shipowners declared general average. The vessel could not be repaired with all cargo onboard, so a portion was discharged, placed on the dock, and reloaded after repairs. The vessel then completed its voyage. Throughout the incident, the vessel remained within Tampa port with tug services available, seas were calm, and no distress calls were made. Royal Insurance, as insurer of the cargo, posted security for the general average claim but contested its obligation to contribute.
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