Highlands Insurance Company v. Trinidad and Tobago (Bwia International) Airways Corporation

Plaintiff Highlands brought this subrogation action against BWIA, an air carrier, claiming money damages for destruction of cargo. 1 Highlands presented three theories of recovery: bailment, negligence, and breach of a contract of carriage. BWIA answered, asserting various defenses, including the defense that Highlands’ claim was barred because its subrogor, Mr. Bajnath Ramgoolam, failed to meet the timely notice requirements contained in Article 26 of the Warsaw Convention, as set out in 49 U.S.C. § 1502 note (1976). 2 The court, subsequently granted BWIA summary judgment on the basis of…