ROYAL INS. CO. OF AMERICA, v. M/V MANAURE V

Citation Codes

Equivalent Citations

citation codes

Docket Number

Nos. 84-3779, 84-3781, 84-3783, 84-3784, 84-3785, 84-3845 and 84-3846.

Attorney(S)

Robert A. Craven, John B. Culp, Jr., Jacksonville, Fla., for plaintiff-appellant. Carl R. Nelson, Fowler, White, Dewey R. Villareal, Jr., Tampa, Fla., for defendants-appellees.

Judges

John Cooper Godbold
Gerald Bard Tjoflat
Elbert Parr Tuttle

See more information ...

Smart Summary

Please sign up to generate summary.

ROYAL INSURANCE COMPANY OF AMERICA, INC. PLAINTIFF-APPELLANT, v. M/V MANAURE V, HER ENGINES, FURNISHINGS, TACKLE, ETC., IN REM; AND LINEA MANAURE C.A., HER OWNER, A FOREIGN CORPORATION OR OTHER BUSINESS ENTITY, DEFENDANTS, SEGUROS ORINOCO C.A., A FOREIGN CORPORATION OR OTHER BUSINESS ENTITY; THE STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION [BERMUDA], LTD., A FOREIGN CORPORATION OR OTHER BUSINESS ENTITY, IN PERSONAM, DEFENDANTS-APPELLEES. SERVICIOS INDUSTRIALES WESTINGHOUSE, C.A., PLAINTIFF-APPELLANT,

PER CURIAM:

By our order on petition for rehearing in Steelmet, Inc. v. Caribe Towing Corp., 779 F.2d 1485 (11th Cir., 1986) we held that for causes of actions arising before October 1, 1982 the law of Florida permitted a direct action against a maritime insurer. In each of these cases the cause of action arose before October 1, 1982, and the district court dismissed each on the ground that no direct action could be brought. The judgments must be reversed.

In the same situation, and on the basis of Steelmet, we have reached the same result. State Establishment for Agricultural Product Trading v. M/V Wesermunde (Unpub. opin., 11th Cir., 2/25/86).

In at least some of these cases the defendant asserted an alternative ground of dismissal based on a contention that it was a reinsurer and not subject to direct action as such. The district court did not reach this issue, and we decline to do so.

REVERSED.

Comments