Tokio Marine & Fire Insurance Group v. J.J. Phoenix Express, Ltd.

MEMORANDUM OPINION AND ORDER

LEFKOW, District Judge.

Nissin International Transport U.S.A., Inc. (“Nissin”), third-party defendant, moves for summary judgment on Aireo International, Inc.’s (“Aireo”) First Amended Third Party Complaint for indemnity and contribution from Nissin. For the reasons stated below, the court grants the motion.

BACKGROUND

This case involves the issue of where liability will ultimately lay for cargo that was' to be transported from Illinois to Minnesota but was stolen before it arrived at its destination. Plaintiff, Tokio Marine & Fire Insurance Group (“Tokio”), as…