Federal Ins. Co. v. Yusen Air & Sea Serv. Pte. Ltd.

Charles Edward Schmidt

Case Conclusion Date:December 1, 1000

Practice Area:Aviation

Outcome:Judgment in favor of Federal

Description:Federal was the subrogated underwriter of a company that had contracted with Yusaen to transport a shipment by air from Singapore to Massachusetts. The shipment was lost. Yusen filed a motion for partial summary judgment, asserting it was only liable for $20.00 per kilogram pursuant to Article 22(2) of the Convention for the Unification of Certain Rules Relating to International Transportation by Air ("Warsaw Convention"). The United States District Court for the Southern District of New York granted Yusen's motion. Federal then successfully moved for summary judgment on the issue of Yusen's liability for the loss of the cargo. Federal appealed from the part of the judgment limiting its damages. The court reversed the case and remanded because Yusen's air waybill did not conform to the requirements of Article 8(c) of the Warsaw Convention. Because defendant’s airbill did not comply with the Warsaw Convention, defendant was not entitled to the limitations on liability provided for in the Convention.