North River Insurance Co. v. Fed Sea/Fed Pac Line

647 F.2d 985 NORTH RIVER INSURANCE CO., and Northwestern National Insurance Co., Plaintiffs/Appellants, v. FED SEA/FED PAC LINE, Federal Commerce and Navigation, Ltd., Pan American Bulk Carriers, Inc., and the S. S. Pacific Defender, Defendants/Appellees. No. 79-3348. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1981. Decided June 12, 1981. Lee H. Cliff, Hall, Henry, Oliver & McReavy, San Francisco, Cal., for plaintiffs-appellants. Alan Nakazawa, Los Angeles, Cal., argued for defendants-appellees; Charles W. Cappel, Lillick, McHose & Charles, Los Angeles, Cal., on brief. Appeal from the United States District Court for the Central District of California. Before ALARCON, FERGUSON and REINHARDT, Circuit Judges. FERGUSON, Circuit Judge: 1 North River Insurance Co. and Northwestern National Insurance Co. ("Insurers") appeal a district court decision which refused to exercise jurisdiction over an action involving damage to goods transported on behalf of a company insured by Insurers. The district court refused to exercise jurisdiction because of a foreign forum clause incorporated in the bill of lading. Insurers assert that the district court has…