M. FORTUNOFF OF WESTBURY CORP., Plaintiff-Appellee,
v.
PEERLESS INSURANCE COMPANY, a subsidiary of Liberty Mutual Group, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: September 23, 2004.
Final Amicus Brief Filed: December 30, 2004.
Decided: December 13, 2005.
Attorney(s) appearing for the Case
Edward Farman, New York, New York (Schindel, Farman & Lipsius, LLP, New York, New York, of counsel), for Defendant-Appellant.
Raymond A. Selvaggio, Huntington, New York (Pezold, Smith, Hirschmann & Selvaggio, LLC, Huntington, New York, of counsel), for Plaintiff-Appellee.
Joseph G. Grasso, New York, New York (Jesse L. Snyder, Thacher Proffitt & Wood, LLP, New York, New York, of counsel), filed a brief for The Inland Marine Underwriters Association as Amicus Curiae.
George Carl Pezold, Huntington, New York, filed a letter brief for The Transportation Consumer Protection Council, Inc. as Amicus Curiae.
Peter V.K. Funk, Jr., Thompson Hine, LLP, New York, New York (Nicholas J. DiMichael, Jeffrey O. Moreno, Scott A. Harvey, Thompson Hine, LLP, Washington, D.C., of counsel), filed a letter brief for The National Industrial Transportation League as Amicus Curiae.
Prasad Sharma, American Trucking Associations, Inc., Alexandria, Virginia (Kenneth Siegel, Mark Andrews, Strasburger & Price, L.L.P., Washington, D.C., of counsel), filed a letter brief for the American Trucking Associations, Inc. as Amicus Curiae.
August E. Flentje, U.S. Department of Justice, Civil Division, Washington, D.C., filed a letter brief for The Federal Motor Carrier Safety Administration as Amicus Curiae.
Before: FEINBERG, CARDAMONE, and B.D. PARKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge.
We are presented with a simple set of facts on this appeal. A shipper's goods were damaged in transit, prompting it to make a claim against the carrier for its loss. When the carrier went out of business, the shipper asserted the same claim against the carrier's insurer. When the insurer denied liability, the shipper sued it. The shipper moved for summary judgment and the district court granted the motion. The insurer appeals from a judgment...
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