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ROYAL & SUN ALLIANCE INS. v. AMERICAN AIRLINES, INC.

No. 02 Civ.6541 (RWS).

277 F.Supp.2d 265 (2003)

ROYAL & SUN ALLIANCE INSURANCE, Plaintiff, v. AMERICAN AIRLINES, INC. and All Freight Co-Ordinators N.V., Defendants.

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

July 23, 2003.

Attorney(s) appearing for the Case

Maloof Browne & Eagan, Rye, NY (Barbara Sheridan, of counsel), for plaintiff.

Mound Cotton Wollan & Greengrass, New York, NY (David W. Kenna, of counsel), for defendant American Airlines, Inc.

Thompkins & Davidson, New York, NY (William C. Shayne, of counsel), for defendant All Freight Coordinators.

OPINION

SWEET, District Judge.

Plaintiff Royal & Sun Alliance Insurance ("Royal & Sun") moves for partial summary judgment declaring that the unamended Warsaw Convention governs the air cargo shipment at issue in this litigation. The defendant American Airlines, Inc. ("American") has opposed the motion on the grounds that the 1955 Hague Protocol governs. For the reasons set forth below, the motion for partial summary judgment is denied.

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