Industrial Risk Insurance v. United Parcel Service

The opinion of the court was delivered by

LESEMANN, J.A.D.

This case involves a theft, from Seiko Corporation of America (Seiko), of products which Seiko had loaded onto a United Parcel Service (UPS) owned trailer, for pickup and later delivery by UPS. The two companies had a longstanding relationship which included a pattern (sanctioned by federal law known as the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C.A. § 14706) under which the shipping charges paid by Seiko were premised on a $100 per package limitation of UPS’s liability for any loss or damage to Seiko’s goods. The loss…