Royal Insurance Co of America and Anr v Orient Overseas Container Line Ltd (The “Canmar Pride”) – US Court of Appeals (Boggs CJ, Merritt and Moore Ct JJ) – 30 January 2008
Carriage of goods by sea – Combined transport contract providing for carriage of goods via France and Canada for ultimate destination to United States – Whether liability limited by reference to US COGSA or Hague-Visby Rules – Relevant “package” for limitation purposes
Ford Motor Co entered into a “Transportation Services Main Agreement” (“TSM”) with the defendant (“OOCL”) for the multimodal transport of Ford’s auto-transmission racks from Blanquefort, France to various cities in the United States. The TSM provided for transportation of the goods by land from Blanquefort to Le Havre; by sea to Montreal; and by land to the named inland cities in the United States. OOCL arranged for the shipment to be loaded on board the vessel Canmar Pride owned by third party defendant (“CP Ships”) at Le Havre. OOCL issued bills of lading showing Blanquefort as the “Place of Receipt”, Le Havre as the “Port of Loading”, Montreal as the “Port of Discharge”, and the multiple inland cities in the United States as the “Place of Delivery”.
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Michael Daiches, Barrister
Mar 13 2008

