Sixth Circuit Sinks Aluminum Company’s Claim for Additional Shipping Expenses Under Maritime Cargo Insurance Policy
Century Aluminum Co. v. Certain Underwriters at Lloyd’s, 97 F.4th 1019 (6th Cir. 2024)
In a recent decision, the Sixth Circuit Court of Appeals upheld a district court’s grant of summary judgment for Lloyd’s of London in a dispute over coverage under a maritime cargo insurance policy. Century Aluminum sought to recover additional shipping expenses incurred when the Army Corps of Engineers closed locks on the Ohio River, forcing the company to find alternative transportation for its alumina ore.
The court analyzed several key provisions of the insurance policy, including the All Risks Clause, Risks Covered Clause, Shipping Expenses Clause, and Sue and Labour Clause. The court determined that Century suffered no physical loss or damage, as required by the All Risks Clause, and that the government’s actions did not constitute an arrest, restraint, or detainment under the Risks Covered Clause.
Furthermore, the court found that the Shipping Expenses Clause did not apply because Century ultimately delivered to its intended destination, although through alternative means. Lastly, the court held that the Sue and Labour Clause did not require Lloyd’s to compensate Century for its efforts to protect its profits, as the policy did not cover the risk of a pot-line freeze due to shipping delays.
Sixth Circuit Affirms Dismissal of Pro Se Plaintiff’s Maritime Salvage and FLSA Claims
Curran v. Wepfer Marine Servs., 2024 U.S. App. LEXIS 12200 (6th Cir. May 20, 2024)
The Sixth Circuit Court of Appeals affirmed the dismissal of a self-represented plaintiff’s maritime salvage claim and Fair Labor Standards Act (FLSA) overtime claim. John F. Curran III had brought these claims against Wepfer Marine Services and Okie Moore Diving and Marine Salvage, LLC after rendering first aid to a fellow crewmember who had sustained a head injury while working aboard a vessel…
