Steelmet, Inc. v. Caribe Towing Corp.

842 F.2d 1237, 1988 U.S. App. LEXIS 5055, 1988 WL 24811
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 18, 1988
DocketNos. 86-5937, 86-5939
StatusPublished
Cited by15 cases

This text of 842 F.2d 1237 (Steelmet, Inc. v. Caribe Towing Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steelmet, Inc. v. Caribe Towing Corp., 842 F.2d 1237, 1988 U.S. App. LEXIS 5055, 1988 WL 24811 (11th Cir. 1988).

Opinion

HILL, Circuit Judge:

The long voyage of the tug CARIBE and barge ATC-21 is now nearly at an end. In this appeal, insurers challenge the judgment against them for the loss of the tug, barge, and cargo. In turn, the plaintiffs cross-appeal challenging the amount of the award. We affirm in part, reverse in part, and remand to the district court for final calculation of the awards.

I. BACKGROUND

The background of this case is set forth fully in Steelmet, Inc. v. Caribe Towing Corp., 747 F.2d 689 (11th Cir.1984) (Steel-[1239]*1239met I). To summarize briefly, Steelmet, Inc. entered into a charter party with Car-ibe Towing Corporation for the shipment of steel bars. The cargo was to be carried by the tug CARIBE and the barge ATC-21. Marine Exploration Company (MEC) then became beneficial owner of the tug and barge and assignee of the charter party. The vessel hit rough seas in the Caribbean, and the barge sank with the cargo.

Steelmet brought suit in the district court against Caribe and MEC and, pursuant to the charter agreement, the matter was referred to arbitration. The arbitrators found that the vessel was unseawor-thy when it left Tampa and issued an award in favor of Steelmet. Steelmet then moved to enforce the award in the district court. In addition, MEC filed a third party complaint against its insurers, American Marine Underwriters (AMU) and Calvert Fire Insurance Company, under its hull and protection and indemnity (P & I) policies. Steelmet also sought to file a direct action against the insurers. The district court entered judgment on the arbitration award on November 24,1982 in favor of Steelmet. The court also held that MEC and Steelmet were precluded from relitigating the issues decided in the arbitration. Because the arbitration found that MEC was aware of facts regarding the vessel’s unseaworthiness, the court held that the insurance coverage, which was obtained just prior to the start of the voyage, was voided for failure to disclose this information to the insurers. In addition, the court awarded against MEC and in favor of Jarrell Jackson, an intervening complainant, the amount of Jackson’s mortgage on the tug, which had been seized and sold by United States Marshals.

In the first appeal, this court held that the insurers could not offensively estop Steelmet and MEC on the issues relating to insurance coverage because the burden of proof was placed on the insurers in the district court action and on the shipper in the arbitration. The court remanded the case for trial on the MEC’s third party action and Steelmet’s direct action against the insurers. The first appeal did not alter the judgment entered against MEC and Caribe on the arbitration award.

On remand the district court found that the record was complete. The only new evidence accepted was the conviction of Captain Rosenbrock, a key witness for the insurers, under 18 U.S.C. § 1542 for making a false statement in a passport application. On May 27, 1986 the district court issued its decision finding the insurers liable. It concluded that neither MEC nor Caribe was aware of any material information which they were obliged to disclose to the insurers. With the burden of proof now on the insurers, the court found, contrary to the arbitrators’ decision, that the loss was caused by a peril of the sea. On October 16, 1986 the district court entered judgment granting the following:

Steelmet is awarded $876,277.38 ($501,-807.38 invoice value plus interest) against Calvert on the protection and indemnity policy.
Alliance Assurance Company, Ltd., sub-rogee of Steelmet, is awarded $876,-277.38 against Calvert on the protection and indemnity policy.
MEC is awarded $876,277.38 plus attorneys’ fees in the amount of $50,000 against Calvert on the protection and indemnity policy.
MEC is awarded $176,500 against Calvert on the hull policy on the tug ($200,-000 policy less $23,500 proceeds from Marshals’ sale) plus interest of $132,904, but subject to the judgment lien in favor of Jackson in the amount of $79,126.33. MEC is awarded $200,000 on the hull policy on the barge plus interest of $149,-250, but subject to the claim of Alabama-Puerto Rico Barge Line, Inc. as loss payee. Alabama’s right to recover is established by a judgment entered simultaneously.

Calvert appeals from the judgment challenging several aspects of the district court’s decision and award. Alliance, Steel-met’s subrogee, cross-appeals challenging the amount of the award.

II. DISCUSSION

A. The Law of the Case

Calvert first attempts to rely upon the district court’s finding that the loss [1240]*1240was caused by a peril of the sea to assert that MEC, its insured, is not liable to Steel-met. This argument fails to recognize that MEC’s liability was established when the district court entered judgment in favor of Steelmet on the arbitration award in 1982. As noted above, that judgment was unaffected by this court’s decision in Steelmet I. The district court’s subsequent finding, based upon an appropriate placement of the burden of proof, that the loss was caused by a peril of the sea relates only to Calvert’s asserted defense that the policy was voided for nondisclosure. The finding does not affect MEC’s liability to Steelmet.

Calvert also attempts to reargue the issues of estoppel which were resolved in Steelmet I. It argues that the arbitrators’ findings and the positions taken in the arbitration preclude MEC and Steelmet from taking the positions they now take regarding the vessel’s seaworthiness and the carriers’ knowledge of it. This issue is governed by the law of the case. In Steel-met I the parties fully argued the preclusion issue, including the question of judicial estoppel, and this court held that Steelmet and MEC were entitled to try their actions anew against the insurers. Steelmet I, 747 F.2d at 694. That holding authorized the parties’ adoption of the positions they now assert, and it contemplated the possibility that the district court’s findings might differ from the arbitrators’ findings. That is the law of the case by which we are bound. See Wheeler v. City of Pleasant Grove, 746 F.2d 1437, 1440 (11th Cir.1984).

B. Failure to Disclose

Calvert challenges the district court’s finding that no official of MEC or Caribe was aware of any facts material to the vessel’s seaworthiness that were not disclosed. This is a factual issue and we may not overturn the district court’s findings on this question unless they are clearly erroneous. See Fed.R.Civ.P. 52(a).1 We conclude that those findings were not clearly erroneous.

The main issue in this case is whether the “boom and bubble” incident which allegedly occurred during the loading on November 22, 1976, was material to the vessel’s seaworthiness, and therefore should have been disclosed.2

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
842 F.2d 1237, 1988 U.S. App. LEXIS 5055, 1988 WL 24811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steelmet-inc-v-caribe-towing-corp-ca11-1988.