Lloyd's Maritime Law Newsletter
Transamerica Leasing Inc v Institute of London Underwriters - US Court of Appeals (11th Circuit) (Hull, Marcus and Hill Ct JJ) - 22 November 2005
Marine insurance - Policy governed by English law - District court holding that plaintiff was an additional assured and not merely a loss payee - Court of Appeals reversing judgment and remanding for trial by jury - Jury finding that plaintiff was a loss payee and awarding damages - District court entering judgment for underwriters as a matter of law on basis that under English law a loss payee had no standing to sue - Plaintiff appealing for second time to Court of Appeals - Whether district court precluded from considering issue of standing
(2006) 683 LMLN 4