NIPPONKOA INS. CO., LTD. v. ATLAS VAN LINES, INC.

No. 11-3085.

687 F.3d 780 (2012)

NIPPONKOA INSURANCE COMPANY, LTD., Plaintiff-Appellant, v. ATLAS VAN LINES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 2012.


Attorney(s) appearing for the Case

David T. Maloof (argued), Attorney, Maloof Browne & Eagan LLC, Rye, NY, for Plaintiff-Appellant.

David R. Sauvey (argued), Attorney, Evansville, IN, for Defendant-Appellee.

Before ROVNER, WOOD, and WILLIAMS, Circuit Judges.


WOOD, Circuit Judge.

This case involves the application of the Carmack Amendment, 49 U.S.C. § 14706, to a set of complicated contractual arrangements among a shipper, a carrier, and two entities that facilitated the shipment. As is true in many contract cases that wind up in litigation, the fundamental question is who must ultimately bear the loss when multiple actors play a role in an arrangement. While we appreciate the efforts made by both the parties and...

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