Morewitz v The West of England Shipowners Mutual Protection and Indemnity Association (Luxembourg) - US Court of Appeals (11th Circuit)(Carnes and Barkett Ct JJ and Floyd R Gibson Senr Ct J) - 6 September 1995

Whether administrator of estates of deceased seamen can pursue direct action against English insurers of vessel to enforce wrongful death judgments against vessel’s managing agent

The administrator of estates of seamen aboard the vessel Imbros which disappeared at sea brought a direct action against the vessel’s English insurers seeking to enforce underlying wrongful death judgments against the vessel’s managing agent and to recover the proceeds of the marine protection and indemnity policy covering the vessel. The district court granted the insurers’ motion to stay the proceedings pending arbitration. The district court subsequently dismissed the case for want of prosecution. The administrator appealed.