Kvaerner E & C v. Yellow Freight System, Inc.

MEMORANDUM *

We reverse the judgment in favor of Yellow Freight System, and direct summary judgment in favor of Kvaerner E & C (Metals). Although the statute 1 and the regulations 2 might be construed otherwise, we are bound by their construction in Culver v. Boat Transit, Inc. 3 and Insurance Co. of North America v. G.I. Trucking Co.

Kvaerner’s February 8, 2000 letter, and the attached itemized list of damage to the pumps, gave Yellow Freight written notice that Kvaerner intended to make a claim. Yellow Freight sent its area representative, Denver Price, to inspect the damage, and Price provided Yellow Freight with his *173 January 6 inspection report. Kvaerner’s manager called Price at Yellow Freight within a month of receiving Ingersoll Dresser Pump Company’s March 16, 2000 repair invoice, and advised Price that the claim was “in the neighborhood of’ $70,000 to $75,000. This was a reasonable estimate of the $75,981 in actual damages. Although Yellow Freight asked Kvaerner to report to another department, and that department asked Kvaerner to provide additional extensive detail on Yellow Freight’s forms, which was not done until after the nine-month deadline for making a…