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AASMA v. AMERICAN S.S. OWNERS MUT. PROT. & INDEM.

Nos. 94-3881, 94-3883.

95 F.3d 400 (1996)

August AASMA, et al., Plaintiffs-Appellees, v. AMERICAN STEAMSHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION, INC. (94-3883); West of England Owners Mutual Protection and Indemnity Association, Inc. (94-3881), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1996.

Attorney(s) appearing for the Case

Leonard C. Jaques, Alan Kellman (briefed), Michael J. Connor (argued), Jaques Admiralty Law Firm, Detroit, MI, for August Aasma in No. 94-3881.

Mark E. Solomons (argued and briefed), Arter & Hadden, Washington, DC, Irene C. Keyse-Walker, Henry E. Billingsley, II, Arter & Hadden, Cleveland, OH, for West of England Owners Mutual Protection and Indemnity Association, Inc. in No. 94-3881.

Alan Kellman (briefed), Michael J. Connor (argued), Jaques Admiralty Law Firm, Detroit, MI, for August Aasma in No. 94-3883.

John S. Rea (briefed), Sean P. Allan, Meyers, Hentemann, Schneider & Rea Co., Cleveland, OH, Richard H. Brown, Jr. (argued and briefed), Kirlin, Campbell & Keating, New York City, for American Steamship Owners Mutual Protection and Indemnity Association, Inc. in No. 94-3883.

Before: MERRITT, Chief Judge; BOGGS, Circuit Judge; O'MEARA, District Judge.

MERRITT, Chief Judge.

This appeal presents questions of law and policy at the intersection of maritime, insurance, contract, bankruptcy, and international law. The chief issue is whether an association of shipping companies, created for the purpose of providing an unusual form of indemnity insurance to its member companies, must pay out claims to a group of injured seamen on behalf of a former member company that is now bankrupt and defunct. Although the District...

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