In Re Bowfin M/v W. Pioneer, Inc., as Owner of the M/v Bowfin for Limitation of Liab. v. Int'l Specialty, Inc., as Authorized Agents for Sentry Select Ins. Co. & Lloyds of London Syndicates 588,861,1209, Royal & Sun All. Ins. Co., Cont'l Ins. Co., & Greenwich Ins. Co. Royal & Sun All. Ins. Co. Cont'l Ins. Co. Greenwich Ins. Co., Claimants-Appellants, & Signature Seafoods, Inc., Owner of the Lucky Buck, 339 F.3d 1137 (9th Cir. 2003). · Go Syfert
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In Re Bowfin M/v W. Pioneer, Inc., as Owner of the M/v Bowfin for Limitation of Liab. v. Int'l Specialty, Inc., as Authorized Agents for Sentry Select Ins. Co. & Lloyds of London Syndicates 588,861,1209, Royal & Sun All. Ins. Co., Cont'l Ins. Co., & Greenwich Ins. Co. Royal & Sun All. Ins. Co. Cont'l Ins. Co. Greenwich Ins. Co., Claimants-Appellants, & Signature Seafoods, Inc., Owner of the Lucky Buck, 339 F.3d 1137 (9th Cir. 2003). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 9 distinct courts.
Strongest positive: In Re: DeMores Montana LLC for Exoneration from Liability as Owners of M/V MTI HINVIV42060A919, and M/V MTI HINVIV42060A919 (azd, 2023-12-12)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
cited Cited as authority (rule) In Re: DeMores Montana LLC for Exoneration from Liability as Owners of M/V MTI HINVIV42060A919, and M/V MTI HINVIV42060A919
D. Ariz. · 2023 · confidence medium
Pioneer, Inc. 19 v. Int’l Specialty, Inc. (In re BOWFIN M/V), 339 F.3d 1137, 1138 (9th Cir. 2003) (per 20 curiam) (internal quotations omitted); see 46 U.S.C. § 30523 .
discussed Cited as authority (rule) Fish N Dive LLC
D. Haw. · 2020 · confidence medium
This Court has stated: “The Limitation of Liability Act limits shipowner liability arising from the unseaworthiness of the shipowner’s vessel or the negligence of the vessel’s crew unless the condition of unseaworthiness or the act of negligence was within the shipowner’s ‘privity or knowledge.’” In re BOWFIN M/V, 339 F.3d 1137, 1137 (9th Cir. 2003) (per curiam) (quoting 46 U.S.C. § 30505 ).
discussed Cited as authority (rule) In Re: Lava Ocean Tours, Inc.
D. Haw. · 2019 · confidence medium
Limitation of Liability in General “The Limitation of Liability Act limits shipowner liability arising from the unseaworthiness of the shipowner’s vessel or the negligence of the vessel’s crew unless the condition of unseaworthiness or the act of negligence was within the shipowner’s ‘privity or knowledge.’” In re BOWFIN M/V, 339 F.3d 1137, 1137 (9th Cir. 2003) (per curiam) (quoting 46 U.S.C. § 30505 ).
discussed Cited as authority (rule) In re Anderson
W.D. Wash. · 2012 · confidence medium
In simple terms, the Act “limits shipowner liability arising from the unseaworthiness of the shipowner’s vessel or the negligence of the vessel’s crew unless the condition of unseaworthiness or the act of negligence was within the shipowner’s ‘privity or knowledge.’ ” In re BOWFIN M/V, 339 F.3d 1137, 1137 (9th Cir.2003) (per curiam).
discussed Cited as authority (rule) In re the Complaint of Hyatt Corp. (2×)
D. Haw. · 2009 · confidence medium
Pioneer, Inc. v. Int’l Specialty, Inc. (In re BOWFIN M/V), 339 F.3d 1137, 1138 (9th Cir.2003) (per curiam) (quotation marks omitted).
cited Cited as authority (rule) In re Complaint of S.D.S. Lumber Co.
D. Or. · 2008 · confidence medium
In re BOWFIN M/V, 339 F.3d 1137, 1138 (9th Cir.2003) (footnotes containing citations omitted).
cited Cited as authority (rule) In Re Sds Lumber Co. Ex Rel. Tug Bruce M.
D. Or. · 2008 · confidence medium
In re BOWFIN M/V, 339 F.3d 1137, 1138 (9th Cir.2003) (footnotes containing citations omitted).
discussed Cited as authority (rule) White Ex Rel. Estate of Bournakel v. Sabatino
D. Haw. · 2006 · confidence medium
If the claimant can establish that an act of negligence occurred in an attempt to repeal the limitation of liability pursuant to 46 U.S.C. § 83 (a), then the burden shifts to the shipowner to prove the “act or condition was outside its privity or knowledge.” In re Bowfin M/V v. International Specialty, Inc., 339 F.3d 1137, 1137 (9th Cir.2003).
discussed Cited as authority (rule) In Re Arntz
C.D. Cal. · 2005 · confidence medium
The Act, in relevant part, limits shipowner liability for negligence unless the negligence was within the shipowner’s “privity or knowledge.” 46 U.S.C. app. § 183(a); In re BOWFIN M/V, 339 F.3d 1137, 1137 (9th Cir.2003).
cited Cited "see" Mary Holzhauer v. Golden Gate Bridge Highway & T
9th Cir. · 2018 · signal: see · confidence high
See In re BOWFIN M/V, 339 F.3d at 1138 ; Hercules Carriers, Inc. v. Claimant State of Fla., Dep’t of Transp., 768 F.2d 1558, 1565 (11th Cir. 1985).
cited Cited "see" In re United States
S.D. Cal. · 2018 · signal: see · confidence high
See In re BOWFIN M/V , 339 F.3d 1137 , 1138 (9th Cir. 2003) (per curium); In re Hechinger , 890 F.2d 202 , 207 (9th Cir. 1989).
cited Cited "see" Washington State Department of Transporation v. Sea Coast Towing Inc.
9th Cir. · 2005 · signal: see · confidence high
See In re BOWFIN M/V, 339 F.3d 1137, 1138 (9th Cir.2003) (per curiam); In re Hechinger, 890 F.2d 202 , 207 (9th Cir.1989).
Retrieving the full opinion text from the archive…
In Re Bowfin M/v Western Pioneer, Inc., as Owner of the M/v Bowfin for Limitation of Liability
v.
International Specialty, Inc., as Authorized Agents for Sentry Select Insurance Company and Lloyds of London Syndicates 588,861,1209, Royal and Sun Alliance Insurance Company, Continental Insurance Company, and Greenwich Insurance Company Royal and Sun Alliance Insurance Co. Continental Insurance Company Greenwich Insurance Co., Claimants-Appellants, and Signature Seafoods, Inc., Owner of the Lucky Buck
02-35534.
Court of Appeals for the Ninth Circuit.
Aug 13, 2003.
339 F.3d 1137
Cited by 15 opinions  |  Published

339 F.3d 1137

In re BOWFIN M/V
Western Pioneer, Inc., as owner of the M/V Bowfin for limitation of liability, Petitioner-Appellee,
v.
International Specialty, Inc., as authorized agents for Sentry Select Insurance Company and Lloyds of London Syndicates 588,861,1209, Royal and Sun Alliance Insurance Company, Continental Insurance Company, and Greenwich Insurance Company; Royal and Sun Alliance Insurance Co.; Continental Insurance Company; Greenwich Insurance Co., Claimants-Appellants,
and
Signature Seafoods, Inc., owner of the Lucky Buck, Claimant.

No. 02-35534.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted July 10, 2003.

Filed August 13, 2003.

Stanley L. Gibson, Gibson Robb & Lindh, San Francisco, CA, for claimant-appellant Signature Seafoods, Inc.

Matthew Turetsky, Schwabe, Williamson & Wyatt, Seattle, WA, for claimant-appellant International Specialty, Inc.

Donald K. McLean, Bauer Moynihan & Johnson, Seattle, WA, for the petitioner-appellee.

Appeal from the United States District Court for the Western District of Washington; John C. Coughenour, District Judge, Presiding. D.C. No. CV-00-01842-JCC.

Before: REAVLEY,[*] TASHIMA, and PAEZ, Circuit Judges.

PER CURIAM:

1

This admiralty action arises out of the collision in the Puget Sound between the Bowfin, owned by Western Pioneer, and the barge Lucky Buck, owned by Claimant Signature Seafoods. Western Pioneer initiated this Limitation of Liability Act[1] proceeding following the collision. The district court held that Western Pioneer was entitled to limit its liability under the Act. We affirm.

2

The Limitation of Liability Act limits shipowner liability arising from the unseaworthiness of the shipowner's vessel or the negligence of the vessel's crew unless the condition of unseaworthiness or the act of negligence was within the shipowner's "privity or knowledge."[2] The shipowner has the burden of proving that the act or condition was outside its privity or knowledge after the claimant first establishes what act or condition caused the loss.[3] In this case, the district court found that the sole proximate cause of the collision was "spontaneous negligent navigational errors" of the master of the tug and not the master's fatigue (for which the Claimants urged Western Pioneer was responsible). That finding is not clearly erroneous.[4]

3

We reject the Claimants' contention that, by admitting that its master was at fault, Western Pioneer assumed the burden of negating its privity or knowledge of other acts by its master. The claimant retains the burden of proving what act caused the loss even if the shipowner concedes that its crew was negligent.[5] The district court's finding resolved the limitation issues.

4

AFFIRMED.

Notes:

*

The Honorable Thomas M. Reavley, Senior United States Circuit Judge for the Fifth Circuit, sitting by designation

1

46 U.S.C. app. §§ 181-196 (Supp.2003)

2

Id. § 183(a).

3

See Carr v. PMS Fishing Corp., 191 F.3d 1, 4 (1st Cir.1999); Hercules Carriers, Inc. v. Florida, 768 F.2d 1558, 1563 (11th Cir.1985); In re Brasea, Inc., 583 F.2d 736, 738 (5th Cir. 1978).

4

See Churchill v. F/V Fjord, 892 F.2d 763, 770 (9th Cir.1988).

5

See Carr, 191 F.3d at 4.