STEELMET, INC. v. CARIBE TOWING CORP.

No. 82-6142.

747 F.2d 689 (1984)

STEELMET, INC., Plaintiffs-Appellants, Cross-Appellees, Jarrell R. Jackson, Intervening Plaintiff-Appellee, v. CARIBE TOWING CORP., Marine Exploration Co., Inc., Defendants-Appellants, Alabama-Puerto Rico Barge Line, Inc., Defendant, and Frank J. Hall & Company, Third-Party-Defendant-Appellee, American Marine Underwriters, Calvert Fire Insurance Co., Third-Party-Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 29, 1984.


Attorney(s) appearing for the Case

John B. Culp, Jr., G.J. Rod Sullivan, Jr., Jacksonville, Fla., for Steelmet.

Edward F. Gerace, Tampa, Fla., for Caribe and Marine Exploration.

Richard R. McCormack, Miami, Fla., for American & Calvert.

John D. Kallen, Hayden & Milliken, Wm. E. Cassidy, Miami, Fla., for Jarrell R. Jackson.

Before GODBOLD, Chief Judge, JOHNSON and CLARK, Circuit Judges.


GODBOLD, Chief Judge:

In this case insurance coverage on cargo was extended to a carrier while the carrier knew its barge was unseaworthy, and the facts of that condition were not communicated to insurers. Barge and cargo were lost, and the shipper attempts to recover on the carrier's protective and indemnity policy. Because the district court erred in giving collateral estoppel effect to findings of an earlier arbitration, we reverse and remand for a new trial.<...

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