American Home Assurance Co. v. Hapag Lloyd Container Linie, GmbH

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

This action arises from the loss of goods belonging to Caterpillar, Inc. (“Caterpillar”) as a result of a train derailment. Plaintiff American Home Assurance Company (“American Home”), the subrogated insurer of the shipment, filed this breach of contract, bailment, and tort action against defendants Hapag Lloyd Container Linie, GmbH (“Hapag Lloyd”), Danzas AEI (“Danzas”), Matson Intermodal Systems (“Matson”), and Burlington Northern and Sante Fe Railway (“BNSF”) on July 23, 2003, seeking to recover damages for the loss of…