CROWN ZELLERBACH CORP. v. INGRAM INDUSTRIES, INC.

No. 82-3749.

783 F.2d 1296 (1986)

CROWN ZELLERBACH CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. INGRAM INDUSTRIES, INC., et al., Defendants-Appellees, and London Steam-Ship Owners' Mutual Insurance Association, Limited, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 1986.


Attorney(s) appearing for the Case

Phillip A. Wittmann, Stephen H. Kupperman, C. Lawrence Orlansky, New Orleans, La., for plaintiff-appellant, cross-appellees.

Robert A. Redwine, New Orleans, La., W.P. Wray, Jr., Baton Rouge, La., for amicus, Traylor, La. Assoc. of Gen. Contractors.

Nigel E. Rafferty, Richmond M. Eustis, New Orleans, La., for Ingram Industries.

Benjamin W. Yancey, Andrew T. Martinez, New Orleans, La., for London S.S. Owners.

Before CLARK, Chief Judge, BROWN, THORNBERRY, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL and JONES, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

The sole remaining issue1 for en banc determination is the validity of the provision of a marine protection and indemnity (P & I) policy fixing the underwriter's maximum liability to that of the assured shipowner's judicially declared limitation of liability. Stated obversely, the question is whether the P & I underwriter is liable in excess of the assured shipowner's admitted limited liability. Along...

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