(Download) "North River Insurance Co. v. Fed Sea/Fed Pac Line" by Ninth Circuit United States Court of Appeals " Book PDF Kindle ePub Free

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eBook details

Title: North River Insurance Co. v. Fed Sea/Fed Pac Line
Author : Ninth Circuit United States Court of Appeals
Release Date : January 12, 1981
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

North River Insurance Co. and Northwestern National Insurance Co. (""Insurers"") appeal a district court decision which refused to exercise jurisdiction over an action involving damage to goods transported on behalf of a company insured by Insurers. The district court refused to exercise jurisdiction because of a foreign forum clause incorporated in the bill of lading. Insurers assert that the district court has jurisdiction because foreign forum clauses are invalid when, as in this case, the United States Carriage of Goods by Sea Act (""COGSA"") applies. Defendant charterer, Federal Commerce and Navigation, Ltd. (""Fed. Com.""), counters that such foreign forum clauses are valid contract terms when COGSA applies by contract rather than of its own force. We hold that such clauses are enforceable in foreign trade when COGSA is incorporated only contractually, and affirm the decision of the district court. I.