Christopher Raleigh, of Cozen O'Connor's Transportation & Trade Group, discusses the U.S. District Court for the Southern District of New York upholding the decision to deny coverage to TransAtlantic Lines LLC over costs associated with a suit resulting from lost cargo. Christopher told American Shipper, “The court’s ruling in TransAtlantic is consistent with these holdings, insofar as it enforced an alternate dispute resolution process that was mandated in the rules of the American Steamship Owners Mutual Protection and Indemnity Association, an association of which the plaintiff was a member,” he added. “In conducting its analysis, the court subjected the TransAtlantic claim to the same analysis as other courts, i.e., was TransAtlantic treated unfairly? Did the process violate the law? etc. After concluding that TransAtlantic did not prove the existence of any of the legally available exceptions, the court declined to disturb the decision rendered by American Steamship’s Board.”
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