Background
Fraser River Pile & Dredge Ltd. owned a derrick barge "Sceptre Squamish", that it chartered to Can-Dive Services Ltd. Can-Dive accidentally sank the barge while it was chartered. Fraser River collected on a $1.1 million insurance policy for the barge. The original policy between Fraser River and their insurer contained a subrogation clause which waived the insurer's right of subrogation against any third-parties. Fraser River and their insurer entered an agreement which waived the original subrogation waiver, intending to allow the insurance company and Fraser River to sue Can-Dive.
In their defence, Can-Dive claimed that the insurer already waived their subrogation rights and so could not unwaive them.
The question before the Supreme Court is whether Can-Dive could rely on the waiver of subrogation in the original insurance policy.
Read more about this topic: Fraser River Pile & Dredge Ltd. V. Can-Dive Services Ltd.
Famous quotes containing the word background:
“I had many problems in my conduct of the office being contrasted with President Kennedy’s conduct in the office, with my manner of dealing with things and his manner, with my accent and his accent, with my background and his background. He was a great public hero, and anything I did that someone didn’t approve of, they would always feel that President Kennedy wouldn’t have done that.”
—Lyndon Baines Johnson (1908–1973)
“They were more than hostile. In the first place, I was a south Georgian and I was looked upon as a fiscal conservative, and the Atlanta newspapers quite erroneously, because they didn’t know anything about me or my background here in Plains, decided that I was also a racial conservative.”
—Jimmy Carter (James Earl Carter, Jr.)
“... every experience in life enriches one’s background and should teach valuable lessons.”
—Mary Barnett Gilson (1877–?)