NIPPON FIRE & MARINE INS. v. SKYWAY FREIGHT SYSTEMS, INC.

No. 98 CIV. 4489(DLC).

45 F.Supp.2d 288 (1999)

NIPPON FIRE & MARINE INSURANCE CO., LTD., Plaintiff, v. SKYWAY FREIGHT SYSTEMS, INC. and American International Airways, Inc., Defendants.

United States District Court, S.D. New York.

April 1, 1999.


Attorney(s) appearing for the Case

David T. Maloof, Maloof & Browne LLP, New York City, for Plaintiff Nippon Fire & Marine Ins. Co., Ltd.

Craig T. Mierzwa, Hoguet Newman & Regal LLP, New York City, for Defendant Skyway Freight Systems.

Paul A. Lange, Law Office of Paul A. Lange, New York City, for Defendant American International Airways.


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....

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