Forrest Booth publishes article in
the IBA Martime & Transport Law Committee Newsletter
Forrest Booth, Member and
head of the Maritime Practice
Group of Severson & Werson, recently published
an article that discusses an important Admiralty case decision
(Certain Underwriters at Lloyds, London v. Inlet Fisheries,
Inc.) handed down by the Ninth Circuit Court of Appeals in San
Francisco. The Ninth Circuit is the largest of the federal circuits.
The article is directed at an audience of foreign lawyers, who
may not be familiar with U.S. law and our federal system. Mr.
Booth examines the court's ruling that the doctrine of Utmost
Good Faith is an established part of federal admiralty law,
and that it applies to the interpretation of all marine insurance
policies. Mr. Booth's article explains that this ruling is significant
for two reasons; first, the Ninth Circuit followed several other
circuits in its ruling, but it considered and rejected a notable
case from the Fifth Circuit which held to the contrary. Also
the court held that federal and not state law applies to maritime
policies, due to the need for nation-wide uniformity in
maritime law.
The article is published in the June 2008 issue of the
International Bar Association's Maritime and Transport Law Committee
newsletter. To request a copy of this article, please contact
Forrest Booth or you may download
it from here. |