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Admiralty Law Keyed to Maraist
Taisho Marine and Fire Insurance Co. v. M/V Sea-Land Endurance
Citation:
815 F.2d 1270 (1987)Facts
In March 1984, a forty-foot aluminum cargo container packed with Sony stereo equipment was loaded aboard the M/V Sea-Land Endurance in Kobe, Japan. The container was stowed on the vessel’s deck on the starboard side near the stern. Sea-Land issued bills of lading subject to COGSA. Sony had insured the cargo with Taisho. During the voyage to Long Beach, California, the vessel encountered severe weather conditions with sustained winds between Beaufort Force 10 and 12, with gusts exceeding 95 knots. The vessel faced waves exceeding 60 feet which rolled the vessel more than 40 degrees. Between midnight and 9:00 a.m. on March 16, 1984, the cargo container was destroyed. The vessel sustained damage to various parts including gangways, firehoses, and ladders. Multiple containers were lost or damaged. Taisho paid Sony’s claim and brought action as subrogee against Sea-Land.
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