St. Paul Fire & Marine Insurance Co. v. Sea-Land Service Inc. (The Vermillion Bay) - U.S. District Ct. (S.D.N.Y.) (Robert P. Patterson Jr. D.J.) - 24 April 1990

Package limitation - Carrier’s bill of lading defines “package” as including a container - Whether provision valid for C.O.G.S.A. purposes

The plaintiff insurance company was the subrogee of Concept Cargo Inc. (“Concept”). The plaintiff brought an action for damages arising out of a shipment by the vessel from Florida to the Dominican Republic. Concept was a non vessel operating common carrier (“N.V.O.C.C.”). As was customary for N.V.O.C.C.’s, Concept issued ocean bills of lading for various customers and then consolidated the cargo in one contained belonging to the carrier, in the present case the defendant. After the cargo had been consolidated, Concept delivered the container to the defendant which in turn issued its own bill of lading for the entire shipment.