Taisho Marine and Fire Insurance Co. v. M/V Sea-Land Endurance

815 F.2d 1270 (1987)

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Taisho Marine and Fire Insurance Co. v. M/V Sea-Land Endurance

United States Court of Appeals for the Ninth Circuit
815 F.2d 1270 (1987)

Facts

Sony sought to ship a cargo container of stereo equipment from Japan to California. Sony engaged Sea-Land Service, Inc. (Sea-Land) (defendant) as the carrier and insured the cargo with Taisho Marine and Fire Insurance Company, Ltd. (Taisho) (plaintiff). Sea-Land’s ship was seaworthy and manned by a competent crew. During its voyage, Sea-Land’s ship encountered extreme weather. The ship was hit with 60-foot waves and hurricane-force winds. The ship’s master was able to maintain control and protect the crew; however, the ship suffered substantial damage, and Sony’s container was lost overboard. Sony filed an insurance claim, which Taisho paid. Taisho then sued Sea-Land in district court for subrogation. The district court found that Sea-Land was entitled to the Carriage of Goods by Sea Act’s peril-of-the-sea defense and dismissed Taisho’s claim. Taisho appealed, arguing that the defense required proof of several enumerated factors, and that those factors had not been proven.

Rule of Law

Issue

Holding and Reasoning (Boochever, J.)

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