Taisho Marine & Fire Insurance Company v. M/V Sea-Land Endurance

815 F.2d 1270 (9th Cir. 1987)

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Nature of the Case

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Facts

A container packed with Sony stereo equipment was loaded aboard the M/V Sea-Land Endurance (Endurance) to be shipped to the U.S. D, issued bills of lading which are contracts of carriage subject to COGSA, 46 U.S.C. [*1272] § 1300-1315. Sony insured the cargo with P. The vessel encountered severe weather. The cargo and the storage container were destroyed. P paid the claim for loss of cargo and brought this action as subrogee against Ds The vessel was dismissed as D agreed to be responsible for any liability imposed on the vessel. The court found 'no evidence of unseaworthiness on the part of the vessel or incompetent management of the ship by its Master.' It held that P did not fulfill its burden of proof to show that the loss of the cargo resulted from some fault of the crew or the vessel. The court held that the proof showed that the loss was caused by the weather alone. The court held that the peril of the sea defense, 46 U.S.C. § 1304(2)(c) was established by Ds. P appealed.