The Ninth Circuit Breathes Life into a Vessel as a Himalaya Beneficiary: Mazda Motors of America, Inc. v M/V Cougar Ace.

The article discusses the court case Mazda Motors of America Inc. v. M/V Cougar Ace. Mazda Motors and its subrogated insurer sued M/V Cougar Ace to recoup its 40 million dollar loss after the disaster. The U.S. Court of Appeals for the Ninth Circuit found that M/V Cougar ACE was a Himalaya clause beneficiary that protects on the vessels bills of lading, M/V Cougar Ace only relied upon the clause in the bills of lading, the court affirmed the district court's dismissal for the improper venue.