Todd v Steamship Mutual Underwriting Association (Bermuda) Ltd – US Court of Appeals (5th Circuit)(Garwood, Wiener and Benavides Ct JJ) – 18 March 2010
Practice – Stay of proceedings – Plaintiff crew member obtaining judgment against insolvent shipowning company for damages for personal injury – Plaintiff bringing proceedings against shipowners’ insurers under Louisiana direct action statute – Policy providing for disputes to be resolved by arbitration – Whether plaintiff’s action should be stayed in favour of arbitration
In 2000 the plaintiff was injured while serving as a chef onboard the m/v American Queen , a replica steamboat owned and operated by the Delta Queen Steamboat Company (“Delta Queen”). When the injury occurred the ship was cruising along the Mississippi river in the state of Louisiana. In 2001 Delta Queen filed for bankruptcy protection but the plaintiff won approval from the bankruptcy court to proceed with a suit against Delta Queen. Eventually the plaintiff obtained judgment against Delta Queen in Louisiana state court in 2007 but Delta Queen had not satisfied the judgment.
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Michael Daiches, Barrister
Aug 6 2010
