Sompo Japan Insurance Co. of America v. Action Express, LLC

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Before the court is Defendant Action Express, LLC (“Action Express”)’s Motion for Summary Judgement, or in the Alternative, for Partial Summary Judgement. (Dkt. No. 20.) The motion is fully briefed and suitable for decision without oral argument. Having considered the parties’ submissions, the court adopts the following order.

I. Background

The instant suit is a subrogation action by an insurer, Sompo Japan Insurance Company of America (“Sompo”), against a motor carrier, Action Express, arising from a stolen shipment of electronics that Sompo insured.

In January 2008, Kenwood U.S.A. (“Kenwood”) hired Daylight Transportation (“Daylight”) to transport electronics from Long Beach, California to Doral, Florida. (Defendant’s Statement of Un-controverted Facts (“SUF”), Dkt. No. 22, ¶ 1.) Daylight, in turn, contracted with Action Express to complete the transportation of the cargo. (See SUF ¶ 4.) While Action Express was transporting the electronics to Doral, Florida, the tractor trailer containing the cargo was stolen from a truck stop in Wildwood, Florida. (Id. ¶ 5.)

Kenwood claims the cargo that was lost during the theft was…