Atlantic Mutual Insurance v. Yasutomi Warehousing & Distribution, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff Atlantic Mutual Insurance Company (“Atlantic”) filed suit against Defendant Yasumtomi Warehousing and Distribution, Inc. (“Yasumtomi”) seeking reimbursement from Yasumtomi for a payment Atlantic made to its insured, Unirex Corporation (“Unirex”), after Unirex’s shipping container was stolen. Yasumto-mi has filed the instant partial summary judgment motion against Atlantic seeking a finding that Atlantic’s damages are limited to $0.50 per pound pursuant to the terms of its bill of lading and that the Carmack Amendment preempts Atlantic’s state law claims.

II. FACTUAL AND PROCEDURAL HISTORY

A. Factual History

Defendant Yasutomi Warehousing and Distribution transported cargo for Unirex Corporation from approximately 1999 to 2002. Oda Deck ¶ 4. For every transaction with Unirex, Defendant used an identical bill of lading which limited its liability, stating: “Unless indicated the released value is agreed to be $50.00 per shipment or 50 cents per L.B. Excess valuation charges will be 10 cents per $100.00 valuation.” Oda Decl. ¶ 9. Between May 26, 2000 and April 6, 2001, Defendant delivered…