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INDEMNITY INS. CO. OF N.A. v. HANJIN SHIPPING

Nos. 02-2822, 02-2933.

348 F.3d 628 (2003)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, as Subrogee of Lowe's Companies, Inc., Plaintiff-Appellee, Cross-Appellant, v. HANJIN SHIPPING COMPANY, Defendant-Appellant, and O'Hare Services and Channel Distribution, Defendants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 2003.

Attorney(s) appearing for the Case

Robert Ostojic (argued), Howard B. Randell, Leahy, Eisenberg & Fraenkel, Chicago, IL, for Plaintiff-Appellee/Cross-Appellant Indemnity Insurance Company of North America.

Michael A. Snyder (argued) and Timothy S. McGovern, Conklin, Murphy, Conklin & Snyder, Chicago, IL, for Defendant-Appellant Hanjin Shipping Company.

Stephen C. Veltman, Scott L. Howie (argued), Pretzel & Stouffer, Robert M. Chemers, Bruce M. Lichtcsien (argued), Cozen O'Connor, Chicago, IL, for Defendants/Cross-Appellees O'Hare Services and Channel Distribution.

Before FLAUM, Chief Judge, and DIANE P. WOOD and EVANS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

When a container of tools disappeared while it was in transit between China and the Indiana warehouse of the ultimate purchaser, L.G. Sourcing, Inc., the inevitable process of finger-pointing began. The cargo, as is common today, was shipped under an intermodal waybill and was packed in a container that could easily be transferred from one carrier to the next. All went well until the U.S. Customs Service decided to inspect the container...

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