Indemnity Insurance Co. of North America v. California Stevedore & Ballast Co.

This is an appeal from a judgment entered by the United States District Court in an action on policies of liability insurance. Having found diversity of citizenship and an amount in controversy exceeding $10,000, exclusive of interest and costs, the district court had jurisdiction under the provisions of Section 1332 of Title 28 United States Code. A timely notice of appeal was filed. This court has jurisdiction to review the judgment entered below under the provisions of Section 1291, Title 28 United States Code.

The controlling question here is whether the district court correctly held appellant liable to appellees under the policies *514 of liability insurance issued by the former to the latter.

Appellees are contracting stevedores. They were insured under liability policies issued by appellant. Appellees’’ employees, who perform the work contracted for by appellees, are longshoremen. And when longshoremen work aboard vessels they are maritime workers having the benefits of the Longshoremen’s and Harbor Workers’ Compensation Act ( 33 U.S.C.A. § 901 et seq.; hereinafter referred to as “the Act”). The Act gives longshoremen their exclusive remedy against their employers for any…