AMERICAN STEAMSHIP OWNERS v. DANN OCEAN TOWING

No. 13-1495.

756 F.3d 314 (2014)

AMERICAN STEAMSHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION, INC., Plaintiff-Appellant, v. DANN OCEAN TOWING, INC., in personam; The Tug Captain Dann, in rem; Dann Towing Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 26, 2014.


Attorney(s) appearing for the Case

ARGUED: David H. Fromm , Brown Gavalas & Fromm LLP, New York, New York, for Appellant. Allen K. von Spiegelfeld , Banker Lopez Gassler, PA, Tampa, Florida, for Appellees. ON BRIEF: Patrick R. O'Mea , Brown Gavalas & Fromm LLP, New York, New York, for Appellant. James W. Bartlett, III , Alexander M. Giles , Semmes, Bowen & Semmes, Baltimore, Maryland, for Appellees.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge WILKINSON and Judge DIAZ joined.


BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider whether the district court erred in concluding that a choice-of-law provision in a maritime insurance contract required use of New York's six-year statute of limitations, rather than the equitable doctrine of laches ordinarily applied under maritime law, to determine the timeliness of certain claims brought under the insurance contract. Upon our review, we hold that the district court

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