Nipponkoa Ins. Co., Ltd. v. Atlas Van Lines, Inc.

Dist. Ct. erred in granting defendant-shipper’s motion for summary judgment in action seeking damages to plaintiff-insured’s expensive medical devices that were incurred while said devices were shipped to trade show, where Dist. Ct. found that contract between defendant and third-party acting on behalf of insured, as well as bill of lading, capped defendant’s liability to $0.60 per pound. While defendant argued that instant limitation of liability was consistent with Carmack Amendment, remand was required to determine whether plaintiff’s insured had reasonable opportunity to chose between $0.60 per pound liability cap or some other higher level of liability. Record also contained material issue as to whether instant third-party could bind plaintiff to limitation set forth in contract or bill of lading.