Nipponkoa Insurance v. Norfolk Southern Railway Co.

ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

Plaintiff Nipponkoa Insurance Company, Ltd., brings this action for breach of contract, negligence, and related relief for damage to its insured’s goods that occurred while the goods were on a train owned and operated by Defendant Norfolk Southern Railway Company. The matter is now before the Court on Nipponkoa’s Motion for Partial Summary Judgment (Doc. 49) and Norfolk Southern’s Motion for Summary Judgment (Doc. 50). For the reasons stated below, Nipponkoa’s motion is DENIED and Norfolk Southern’s motion is GRANTED.

II. BACKGROUND

A.…