M. Fortunoff of Westbury Corp. v. Peerless Insurance

CARDAMONE, Circuit Judge.

We are presented with a simple set of facts on this appeal. A shipper’s goods were damaged in transit, prompting it to make a claim against the carrier for its loss. When the carrier went out of business, the shipper asserted the same claim against the carrier’s insurer. When the insurer denied liability, the shipper sued it. The shipper moved for summary judgment and the district court granted the motion. The insurer appeals from a judgment in favor of the shipper.

While the facts are simple, the statutory and regulatory context in which this case arises is complex…