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LIVERPOOL & LONDON S.S. v. QUEEN OF LEMAN MV

Nos. 01-30325, 01-31142.

296 F.3d 350 (2002)

LIVERPOOL AND LONDON STEAMSHIP PROTECTION AND INDEMNITY ASSOCIATION LIMITED, Plaintiff-Appellant, v. QUEEN OF LEMAN MV, (ex-MADEIRA I), Official No. 26656-PEXT, her engines, tackle, apparel, furniture, etc.; et al., Defendants. Fuji Vegetable Oil, Inc., Plaintiff-Appellee, Tokio Marine and Fire Insurance Company Limited, Intervenor Plaintiff-Appellee, v. QUEEN OF LEMAN MV, her engines, boilers, tackle, etc., in rem; et al., Defendants. Liverpool and London Steamship Protection and Indemnity Association Limited, Plaintiff-Appellee, v. M/V ABRA, (ex KAPPA UNITY), in rem, Defendant-Appellant, Interforce Shipping Limited, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 27, 2002.

Attorney(s) appearing for the Case

Derek A. Walker, Daniel A. Tadros (argued), Heather M. Valliant, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Plaintiff-Appellant.

Francis J. Barry, Jr. (argued), Nicole Songy Loeb, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Tokio Marine and Fire Ins, Co. Ltd. and Fuji Vegetable Oil Inc.

Peter Brooks Sloss (argued), Charles Borden Wallace, Murphy, Rogers & Sloss, New Orleans, LA, for Plaintiff-Appellee.

John H. Clegg (argued), Daphne P. McNutt, McGlinchey Stafford, New Orleans, LA, for M/V ABRA and Interforce Shipping Ltd.

Before SMITH, BENAVIDES and PARKER, Circuit Judges.

BENAVIDES, Circuit Judge:

These consolidated appeals involve the interpretation of the choice of law provisions of an insurance contract. The essential question in both of these cases is whether English or United States law determines the existence of a maritime lien for unpaid insurance premiums. Two district courts provided conflicting answers to this question. For the reasons that follow, we conclude that United States law governs.

I.

Liverpool...

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