Phoenix Assurance Co. v. K-Mart Corp.

OPINION

WOLIN, District Judge.

This case is before the Court on the motions of two defendants. Defendant AFC Express, Inc. (“AFC Express” or “AFC”) moves for summary judgment on the ground that this Court lacks subject matter jurisdiction over the claims of Phoenix Assurance Company of New York (“Phoenix”) against AFC Express. In the alternative, AFC Express seeks to have this Court limit AFC Express’s liability to $50.00, the amount stated as maximum liability in a document entitled “Conditions of Contract.” Defendant Mo-Ark Truck Services, Inc. (“Mo-Ark”) seeks summary judgment on the ground…