Ceramic Corp of America and Ors v Inka Maritime Corporation Inc and Ors (The “Bremen Senator”) - US Court of Appeals (9th Circuit)(Schroeder, Brunetti and O’Scannlain Ct JJ) - 22 September 1997

Plaintiffs seek indemnification for general average contributions in relation to ship’s liability for collision with oil terminal jetty - Whether collision caused by vessel’s unseaworthiness - Whether vessel’s manager entitled to rely on COGSA defences

The plaintiffs appealed against the district court’s judgment for the defendants. The plaintiffs had sought indemnification for their general average contributions made to satisfy the liability of the vessel Bremen Senator for a collision with an oil terminal jetty in Japanese waters. The plaintiffs alleged that the collision was caused by an unseaworthy condition, and that the defendants had failed to make the ship seaworthy. The plaintiffs also claimed that the second defendant (“NSB”) was liable in negligence.