Containerschiffsreedei T.S. Columbus New Zealand, Rudolf A. Oetker K.G. v. Corporation of Lloyd’s, et al. - U.S. District Court, Southern District of New York (Richard Owen, D.J.) - 1981 A.M.C. 60

General average - Whether shipowners entitled to contribution from cargo underwriters

A fire occurred onboard the plaintiffs’ vessel Columbus New Zealand , as a result of which towing/salvage expenses were incurred. The plaintiffs sought general average contributions from the defendant underwriters who had signed general average guarantees in respect of various parcels of cargo. The bills of lading contained a “New Jason Clause”, the effect of which was that general average contributions would be recoverable provided the vessel owner was exonerated from liability for loss or damage to the cargo.