HUMBLE OIL & REFINING COMPANY v. M/V JOHN E. COON

No. 5010.

207 F.Supp. 45 (1962)

HUMBLE OIL & REFINING COMPANY, Libelant, v. M/V JOHN E. COON, the BARGE M-65 and the BARGE L-1, their engines, tackle, apparel, etc., and Jackson Marine Company, Inc.; Baton Rouge Coal and Towing Company; Cargo Carriers, Inc.; Aetna Casualty & Surety Company; Eagle Fire Insurance Company of New York; Hartford Fire Insurance Company; Tokio Marine & Fire Insurance Company; John Doe, et al., being Underwriters at Lloyds, Respondents.

United States District Court E. D. Louisiana, New Orleans Division.

May 25, 1962.


Attorney(s) appearing for the Case

Terriberry, Rault, Carroll, Martinez & Yancey, Walter Carroll, Jr., New Orleans, La., for libelant.

Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., and Taylor, Porter, Brooks, Fuller & Phillips, Tom F. Phillips, Baton Rouge, La., for Cargo Carriers, Inc.

Hinds & Meyer, John K. Meyer, Houston, Tex., and Faris, Leake & Emmett, Francis Emmett, New Orleans, La., for Aetna Casualty & Surety Co., Eagle Fire Insurance Co. of New York, Hartford Fire Insurance Co., Tokio Marine & Fire Insurance Co., and Lloyds.


AINSWORTH, District Judge.

Two questions are presented here for decision: (1) Does this court have jurisdiction of a libel against a foreign insurer with no office, place of business or agent for service of process in Louisiana but which insured a vessel for negligent operation with navigation limits in the policy including the waters of Louisiana; and (2) Can a libelant sue the vessel owner's insurers under the provisions of the Louisiana direct action statute despite...

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