Polaroid Corp. v. Hermann Forwarding Co.

If I were a juror I might very well construe the correspondence between the shipper, Polaroid Corporation (Polaroid), and the carriers’ insurer, Transport Insurance Company (Transport), in the same manner as Judge Hunter does in the majority opinion. However, it is neither in the province of the district court in ruling upon the motion of the carriers, Hermann Forwarding Company (Hermann) and Kowalsky’s Express Service (Kowalsky), for summary judgment,1 nor in ours in reviewing that determination, to draw any inferences in favor of the insurer in assessing its intention in drafting these…