Document Type

Article

Publication Date

3-30-2000

Abstract

Defendant-appellant China Airlines, Ltd. ("CAL") appeals from a summary judgment in the sum of $22,600 entered against it in the United States District Court for the Southern District of New York (Berman, J.) in an action brought by plaintiff-appellee Intercargo Insurance Company ("Intercargo") as subrogee of Express Line Corporation ("Express Line"). The judgment represents the full value of the lost portion of air cargo shipped by Express Line from Los Angeles and intended for delivery in Hong Kong. The district court determined that CAL was not entitled to the limitation of liability afforded by the Convention for the Unification of Certain Rules Relating to International Transportation by Air, October 12, 1929, 66*66 49 Stat. 3000, T.S. 876 (1934), reprinted in 49 U.S.C.A. § 40105 note ("Warsaw Convention"). This determination was grounded on a finding that the air waybill pertaining to the cargo did not conform to the Warsaw Convention's requirement for the listing of agreed stopping places on the waybill as a condition of limitation of liability. The district court determined that the reference to CAL's flight schedule in the air waybill was insufficient to invoke the "incorporation by reference" doctrine in this case. The district court also rejected a claim that the negligence of Express Line in filling out the waybill improperly foreclosed full recovery by the subrogee.

Comments

208 F.3d 64 (2000)

INTERCARGO INSURANCE COMPANY, a/s/o Express Line Corporation, Plaintiff-Appellee, v. CHINA AIRLINES, LTD., Defendant-Appellant.

Docket No. 99-7260.

United States Court of Appeals, Second Circuit.

Argued October 20, 1999

Decided March 30, 2000

New York Law School location: File #2807, Box #141

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