Trident International Ltd v American Steamship Owners Mutual Protection and Indemnity Association Inc – US Court of Appeals (2nd Circuit) (Jacobs CJ, Newman and Pooler Ct JJ) – 22 June 2009

P&I Clubs – Cruise ship concessionaire paying cruise line to procure liability coverage under indemnity policy issued by Club – Concessionaire paying medical bills for seaman and making claim on Club – Whether Club entitled to decline claim on basis of “Misdirected Arrow Clause”

The plaintiff (“Trident”) was a concessionaire on cruise ships, and contracted with time-charterer Imperial Majesty Cruise Line LLC (“IMCL”) to provide food and beverage service aboard the ship Regal Empress. Trident paid IMCL over $300,000 per year to procure liability coverage under an indemnity policy (the “Certificate of Entry”) issued by the defendant (“the American Club”) to its “Members”: IMCL itself, and the ship’s owner, Celebration World Cruise Line LLC (“CWCL”).