Legal Opinion

Great American Insurance Agency v. United Parcel Service

New York Supreme Court

Decided January 20, 2004PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Diane A. Lebedeff, J.

*302Significant legal changes have impacted the once settled area of law relating to the tariffs of many interstate common carriers, and those changes bear upon the disposition of this summary judgment motion by defendant United Parcel Service (UPS).

The facts are simple. Plaintiff alleges that, in September of 1998, its insured, the subrogor, delivered two packages of jewelry, including diamond rings, to UPS for delivery in New York to defendant European Gemological Labs. When delivered, one package was “empty and without its contents,” and bore signs it…

2Cases cited18 opinions

  1. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  2. Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
  3. American Telephone & Telegraph Co. v. Central Office Telephone, Inc.Supreme Court of the United States · 1998
  4. Morlee Sales Corp. v. Manufacturers Trust Co.New York Court of Appeals · 1961
  5. Tempel Steel Corporation v. Landstar Inway, Inc.Court of Appeals for the Seventh Circuit · 2000

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3Cited by1 opinion

  1. Great Am. Ins. Agency v. United Parcel Serv.New York Supreme Court, New York County · 2004

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