Institute of London Underwriters and Ferguson and Company v. Sea-Land Service, Inc., and Container Stevedoring Company, Inc., Institute of London Underwriters Companies, and Ferguson & Co. v. Sea-Land Service, Inc., and Container Stevedoring Co., Inc.

881 F.2d 761 1989 A.M.C. 2516 INSTITUTE OF LONDON UNDERWRITERS and Ferguson and Company, Plaintiff-Appellee, v. SEA-LAND SERVICE, INC., and Container Stevedoring Company, Inc., Defendants-Appellants. INSTITUTE OF LONDON UNDERWRITERS COMPANIES, Plaintiff-Appellant, and Ferguson & Co., Plaintiff, v. SEA-LAND SERVICE, INC., and Container Stevedoring Co., Inc., Defendants-Appellees. Nos. 88-3700, 88-3701. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1989. Decided Aug. 4, 1989. Paul A. Anderson, Madden, Poliak, MacDougall & Williamson, Seattle, Wash., for plaintiffs/appellants/cross-appellees. Jerome C. Scowcroft, Schwabe, Williamson, Wyatt & Lenihan, Seattle, Wash., for defendants/appellees/cross-appellants. Appeal from the United States District Court for the Western District of Washington. Before GOODWIN, Chief Judge, and WRIGHT and NORRIS, Circuit Judges. GOODWIN, Chief Judge: 1 While a 45-foot yacht was being unloaded from the cargo ship that had carried it as a deck load from Taiwan to the port of Tacoma, the yacht slipped from its slings and fell into the water. The ultimate issue in the resulting litigation is whether the carrier and…