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AMERICAN HOME ASSUR. v. HAPAG LLOYD CONTAINER

Docket No. 04-5605 CV.

446 F.3d 313 (2006)

AMERICAN HOME ASSURANCE COMPANY, As Subrogee of Caterpillar, Inc., Plaintiff-Appellant, v. HAPAG LLOYD CONTAINER LINIE, GMBH, Defendant-Cross-Claimant-Appellee, The Burlington Northern and Santa Fe Railway Company, Defendant-Cross-Defendant-Appellee, Matson Intermodal Systems, Defendant-Cross-Claimant, Danzas Aei Intercontinental, Defendant-Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 3, 2006.

Attorney(s) appearing for the Case

Matthew T. Loesberg (Edward C. Radzik, Matthew T. Loesberg, Lori J. Quinn, on the brief), Donovan Parry McDermott & Radzik, New York, New York, for Plaintiff-Appellant.

Michael J. Ryan, Hill, Betts & Nash, LLP, New York, New York, for Defendant-Cross-Claimant-Appellee.

Ronald E. Joseph, Landman Corsi Ballaine & Ford, New York, New York, for Defendant-Cross-Defendant-Appellee.

Before: KEARSE, MINER, HALL, Circuit Judges.

HALL, Circuit Judge.

On July 23, 2002, a Burlington Northern and Santa Fe Railway Company ("BNSF") train derailed en route to Long Beach, California from Chicago, Illinois. The derailment resulted in extensive damage to cargo, including a containerized shipment of two engines owned by Caterpillar, Inc. ("Caterpillar"). This case concerns BNSF's right to limit its liability to $500.00 for the loss and damage to the engines...

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