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ATLANTIC MUT. INS. CO. v. NAPA TRANSP., INC.

No. 04 CIV. 2478(JES).

399 F.Supp.2d 523 (2005)

ATLANTIC MUTUAL INSURANCE COMPANY, as subrogee of the consignor and consignee under Bill of Lading # 605000390 dated December 12, 2001, Plaintiff(s), v. NAPA TRANSPORTATION, INC., Defendant(s).

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

November 15, 2005.

Attorney(s) appearing for the Case

Agus & Partners, P.C. (Stephen A. Agus, Esq., Of Counsel), New York City, for Plaintiff Atlantic Mutual Insurance Company.

Tell, Cheser & Breitbart (Kenneth R. Feit, Esq., Of Counsel), Garden City, NY, for Defendant Napa Transportation, Inc.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

At issue before the Court are the questions of timing and rate of prejudgment interest to be awarded to plaintiff, Atlantic Mutual Insurance Company ("plaintiff' or "subrogee"), in its judgment against defendant, Napa Transportation, Inc., for the latter's liability under the Carmack Amendment, 49 U.S.C. § 14706. For the reasons set forth below, the Court finds that plaintiff is entitled to prejudgment...

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