Luckenbach v. W.J. McCahan Sugar Refining Co

In Luckenbach v. W.J. McCahan Sugar Refining Co., 248 U.S. 139, 39 S. Ct. 53, 63 L. Ed. 170 (1918), a shipper insured his goods for transportation, and the bill of lading with a carrier contained the following clause: In case of any loss, detriment or damage done to or sustained by said goods or any part thereof for which the carrier shall be liable to the shipper . . . the carrier shall to the extent of such liability have the full benefit of any insurance that may have been effected upon or on account of said goods. The Supreme Court held: Such a clause is valid, because the carrier might himself have insured against the loss, even though occasioned by his own negligence; and if a shipper under a bill of lading containing this provision effects insurance and is paid the full amount of his loss, neither he nor the insurer can recover against the carrier.