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INSTITUTE OF LONDON UNDERWRITERS v. SEA-LAND SERV.

Nos. 88-3700, 88-3701.

881 F.2d 761 (1989)

INSTITUTE OF LONDON UNDERWRITERS and Ferguson and Company, Plaintiff-Appellee, v. SEA-LAND SERVICE, INC., and Container Stevedoring Company, Inc., Defendants-Appellants. INSTITUTE OF LONDON UNDERWRITERS COMPANIES, Plaintiff-Appellant, and Ferguson & Co., Plaintiff, v. SEA-LAND SERVICE, INC., and Container Stevedoring Co., Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1989.

Attorney(s) appearing for the Case

Paul A. Anderson, Madden, Poliak, MacDougall & Williamson, Seattle, Wash., for plaintiffs/appellants/cross-appellees.

Jerome C. Scowcroft, Schwabe, Williamson, Wyatt & Lenihan, Seattle, Wash., for defendants/appellees/cross-appellants.

Before GOODWIN, Chief Judge, and WRIGHT and NORRIS, Circuit Judges.

GOODWIN, Chief Judge:

While a 45-foot yacht was being unloaded from the cargo ship that had carried it as a deck load from Taiwan to the port of Tacoma, the yacht slipped from its slings and fell into the water. The ultimate issue in the resulting litigation is whether the carrier and the stevedore are liable to the shipper for the actual damage to the yacht (as stipulated), or for the $500 per "package" limitation provided for cargo of undeclared value in the bill...

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