The Nippon Fire & Marine Insurance Co v MV ‘Tourcoing’ and others - US Court of Appeals (2nd Circuit)(Cabranes and Straub Ct JJ and McCurn DJ) - 2 February 1999

Cargo damaged during unloading - Package limitation - Bill of lading containing clause paramount referring to Hague-Visby Rules - Whether carrier’s liability limited to $500 under COGSA or to higher limit under Hague-Visby Rules

The plaintiff was the insurer of a printing press carried on board the vessel Tourcoing . The printing press had been carried in 13 containers. Several parts of the printing press were damaged during the course of unloading. The plaintiff had paid US$1,186,467 to the cargo interests pursuant to a marine cargo policy. The plaintiff brought the present proceedings against the defendant carrier and stevedores, claiming the US$1,186,467 it had paid to the cargo interests. At first instance, the district court held that the defendants were entitled to rely on the $500 per package limitation contained in COGSA, and gave judgment to the plaintiff for $3,750.