Legal Opinion

Nippon Fire & Marine Insurance v. Skyway Freight Systems, Inc.

District Court, S.D. New York

Decided April 1, 1999No. 98 CIV. 4489(DLC)PublishedCited by 10 opinions

1Opinion of the Court

OPINION AND ORDER

COTE, District Judge.

The issue presented here is whether a shipper may recover from its common carrier or its common carrier’s sub-contractor the amount of its loss beyond that covered by the limitation of liability in its carrier’s airbill. The answer is no.

Plaintiff-Nippon Fire & Marine Ins. Co., Ltd. (“Nippon”) was the insurer of two shipments of laptop computers made by Toshiba America Information Systems, Inc. (“Toshiba”). Defendant Skyway Freight Systems, Inc. (“Skyway”), an air and ground carrier, agreed to ship the laptops and then contracted with defendant American…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Rexnord Holdings, Inc. v. Maurice BidermannCourt of Appeals for the Second Circuit · 1994
  4. Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
  5. Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921

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3Cited by10 opinions

  1. Nippon Fire & Marine Insurance Co., Ltd. v. Skyway Freight Systems, Inc.Court of Appeals for the Second Circuit · 2000
  2. Safeco Insurance v. Fireman's Fund InsuranceCalifornia Court of Appeal · 2007
  3. ABN AMRO VERZEKERINGEN BV v. Geologistics Americas, Inc.District Court, S.D. New York · 2003
  4. Nippon Fire & Marine Insurance v. Skyway Freight Systems, Inc.District Court, S.D. New York · 1999
  5. Warehouse Wines & Spirits v. Travelers Property Casualty Co. of AmericaCourt of Appeals for the Second Circuit · 2017

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