Northwestern National Insurance Co. v. Galin and Rascator Maritime S.A. (The Ogden Fraser) - U.S. District Ct. (S.D.N.Y.) (Haight D.J.) - 13 November 1987

Cargo claims relating to carrying vessel’s deviation commenced after expiry of COGSA time limit - Deviation already held to be unreasonable in a previous case - Whether claims to be summarily dismissed

The defendants moved for summary judgment dismissing this underwriters’ subrogation suit for short delivery of two shipments of cargo consigned for ocean carriage from New Orleans to Bombay on board the vessel Ogden Fraser . The U.S. Carriage of Goods By Sea Act 46 U.S.C. section 1300 applied. The defendants contended that the suit, commenced in 1985, was barred by COGSA’s one-year statute of limitations.