Mingtai Fire & Marine Insurance v. United Parcel Service

We must determine whether adherence to the Warsaw Convention by the People’s Republic of China also binds Taiwan.

I

Mingtai Fire & Marine Insurance Co., Ltd. (“Mingtai”), insured a package, shipped by Gemtronics Corp. from Taipei, Taiwan to.San Jose, California, which was lost en route by United Parcel Service, the air carrier. Mingtai alleged that the lost package contained computer chips worth $83,454.80 and brought suit against United Parcel Service and United Parcel International, Inc. (collectively “UPS”), in the Northern District of California alleging, inter alia, loss of cargo under the Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000 , T.S. No. 876 (1934), reprinted in note following 49 U.S.C.A. § 40105 (the “Warsaw Convention” or the “Convention”).

UPS answered that the Convention did not apply, and that its air carrier liability was therefore limited to the $100 released value provided by the air waybill. Upon the parties’ cross-motions for summary judgment, the district court so held, concluding that Taiwan, which is not a signatory to the Convention, was not bound by the People’s Republic…