Federal Insurance Co. v. Union Pacific Railroad

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [27]

OTIS D. WRIGHT II, District Judge.

I. FACTUAL BACKGROUND

This dispute arises from a train derailment that destroyed a container of nine packages of printed books (“cargo”), which was part of an international intermodal movement. The original shipper of the cargo, a Singapore company called Text International PTE Ltd. (“Text”), contracted with ocean carrier APL Co. Pte. Ltd. (“APL”) for shipment of the cargo from Singapore to Alabama under APL’s bill of lading (“APL bill”).

The APL bill contained a covenant not to sue APL’s…