Morris

Morris v. Princess Cruises, Inc.

Good Law
2001 Daily Journal DAR 371·236 F.3d 1061·2001 WL 21193·2001 A.M.C. 804·2001 Cal. Daily Op. Serv. 289
United States Court of Appeals for the Ninth CircuitJanuary 10, 2001No. 99-55092California4,688 words

Opinion

Lead Opinion

Scannlain, J.

We must decide whether the federal court had removal jurisdiction over an action brought by a passenger against a cruise line and insurance companies alleging various tort and contract claims arising out of events in the port city of Bombay, India, and, if so, whether these claims were properly dismissed on summary judgment.

I

Ottilie Morris (“Mrs. Morris”) appeals the district court’s dismissal on summary judgment of her tort and contract claims against Princess Cruises, Inc. (“Princess”) and American International Assistance Service, Inc., National Union Fire Insurance Company of Pittsburgh, PA, and BerkelyCare Limited (collectively, the “Insurers”). These claims arose out of a Princess cruise that Mrs. Morris and her late husband, Roy I. Morris (“Mr. Morris”), took from Athens to Bombay in November 1995.

In June 1995, Mr. and Mrs. Morris, who had taken a number of Princess cruises in the past, made reservations for a Princess “Holy Lands” cruise through Cruise Consultants Co. (“Consultants”), a travel agency based in San Antonio, Texas. At the same time, the Morrises purchased an excess insurance policy known as “Love Boat Care” (the “Policy”) administered by BerkelyCare and…

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