FIREMAN'S FUND INS. v. BIG BLUE FISHERIES

Nos. 96-36053, 96-36135.

143 F.3d 1172 (1998)

FIREMAN'S FUND INSURANCE COMPANIES; Compagnie D'Assurances Maritimes Aeriennes Terrestres; Great American Insurance Company; Aetna Insurance Company; Phoenix Insurance Company, a foreign Corporation, Plaintiffs-Appellees, v. BIG BLUE FISHERIES, INC., an Alaska Corporation, Plaintiff-Intervenor-Appellee, v. F/V KEVLEEN K, her engines, tackle, gear, equipment and appurtenances, Defendant, and Farr Fisheries, Inc., a Washington Corporation, Harold A. Brindle; Winn F. Brindle; Alec Brindle, in Personam, Defendants-Appellants, v. BIG BLUE FISHERIES, INC., an Alaska Corporation, Plaintiff-Intervenor-Appellee. FIREMAN'S FUND INSURANCE COMPANIES; Compagnie D'Assurances Maritimes Aeriennes Terrestres; Great American Insurance Company; Aetna Insurance Company; Phoenix Insurance Company, a foreign Corporation, Plaintiffs-Appellants, v. F/V KEVLEEN K, her engines, tackle, gear, equipment and appurtenances, Farr Fisheries, Inc., a Washington Corporation, Alec Brindle, In Personam; Winn F. Brindle; Harold A. Brindle, Defendants-Appellees, v. BIG BLUE FISHERIES, INC., an Alaska Corporation, Plaintiff-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1998.


Attorney(s) appearing for the Case

Jerome C. Scowcroft, Schwabe, Williamson & Wyatt, Seattle, WA, for defendants-appellants.

Paul Daigle, Seattle, WA, for defendants-appellants.

Thomas G. Waller, Bauer Moynihan & Johnson, Seattle, WA, for plaintiffs-appellees.

Before: BROWNING, SKOPIL, JR., and O'SCANNLAIN, Circuit Judges.


JAMES R. BROWNING, Circuit Judge:

The Kevleen and the Big Blue collided while fishing in the Bering Sea. The district court held both vessels liable, apportioning 85% of the fault to the Kevleen, and 15% to the Big Blue. The Kevleen appeals the district court's refusal to fault the Big Blue because its lookout failed to plot the Kevleen's course on radar. The Big Blue and its insurers cross-appeal the district court's demurrage award to the Kevleen. We uphold the...

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