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REPUBLIC OF CHINA v. NATIONAL UNION FIRE INS. CO.

No. 3507.

163 F.Supp. 812 (1958)

The REPUBLIC OF CHINA, China Merchants Steam Navigation Company, Limited, and The United States of America, Libellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Respondent.

United States District Court D. Maryland.

July 10, 1958.

Attorney(s) appearing for the Case

Ober, Williams, Grimes & Stinson and William A. Grimes, Baltimore, Md.; Kirlin, Campbell & Keating, New York City; and Ronald A. Capone, Washington, D. C., for Republic of China & China Merchants Steam Navigation Co., Ltd.

George Cochran Doub, Asst. Atty. Gen. of U. S., Civil Div., Leavenworth Colby, Chief Admiralty Section, Dept. of Justice, Thomas F. McGovern, Atty., Admiralty Sec., Dept. of Justice, Washington, D. C., and Leon H. A. Pierson, U. S. Atty., and William J. Evans, Asst. U. S. Atty., Baltimore, Md., for United States.

Lord, Whip & Coughlan, Baltimore, Md., George W. P. Whip, Baltimore, Md., Bigham, Englar, Jones & Houston and Vincent L. Leibell, Jr., New York City. for respondents.

THOMSEN, Chief Judge.

Libellants, insured owners and mortgagee of the Hai Hsuan, having abandoned to respondent insurer all their right, title, and interest in the vessel as a constructive total loss, now seek to participate in the salvage in that proportion (20%) which their Increased Value (P. P. I.) insurance bears to the total insurance, because the P. P. I. policy provides: "This insurance is without benefit of salvage."

The Hai Hsuan was lost to libellants...

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