Aasma v. West of England Shipowners Mutual Insurance
Opinion of the Court
This appeal is from the district court’s order confirming an international arbitration award in favor of the defendant, West of England Shipowners Mutual Insurance Association, that included a very substantial award of legal costs against the plaintiffs, as permitted by the Arbitration Act, 1996, c. 23, § 63(3). It is the second time that the case has come before us. See Aasma v. Am. S.S. Owners Mut, Prot. & Indem. Ass’n, Inc., 95 F.3d 400 (6th Cir. 1996), for background.
The plaintiffs, a group of merchant seamen, originally sought recovery for asbestos-related injuries from their employer, States Steamship Co., in 1986, but because the company had been in bankruptcy proceedings since 1979, it did not answer the complaints, and default judgments were eventually entered in favor of a number of the plaintiffs. They then sought a declaratory judgment allowing them to proceed directly against West of England and American Steamship Owners Mutual Protection and Indemnity Association, two non-profit associations of which States Steamship had been an insured member under policies that contained “pay first” or “pay to be paid” clauses. Such provisions require indemnity to an insured party only if the party, in this case States Steamship, is required to and actually does pay a claim.
In confirming the award, the district court rejected the argument that granting legal costs and interest to the prevailing party violated “the most basic notions of morality and justice” of the American justice system. The court further found that the amount of the award and the computation of interest was not punitive and should also be enforced. Having had the benefit of oral argument, and having studied the record on appeal and the briefs of the parties, we are not persuaded that the district court erred in confirming the award. Because the reasons why judgment should be entered for the defendant have been fully articulated by the district court, the issuance of a detañed opinion by this court would be duplicative and would serve no useful purpose. Accordingly, we AFFIRM the judgment of the district court upon the reasoning set out by that court in its memorandum opinion filed on January 8, 2003.
Reference
- Full Case Name
- August AASMA v. WEST OF ENGLAND SHIPOWNERS MUTUAL INSURANCE ASSOCIATION, LTD.
- Cited By
- 1 case
- Status
- Published