Eagle Terminal Tankers, Inc. v. Insurance Co. of U.S.S.R. - Chief Judge Feinberg, Circuit Judge Meskill and District Judge Pierce - U.S. Ct. of Apps. (2 Cir.) - Jan. 5, 1981

General average - Cargo insurer liable for contribution to vessel repair during voyage

The plaintiffs had sought to recover a general average contribution from the defendant cargo insurers for the plaintiffs’ expenses in repairing the propellor of its ship. The District Court had granted summary judgment in favour of the defendant (see Issue No. 20 LMLN). The plaintiffs appealed. The Court of Appeals (2nd Cir.) allowed the appeal holding that the District Court had construed the general average rules too narrowly.