Airborne Freight Corp. v. St. Paul Fire & Marine Insurance

MEMORANDUM *

Airborne Freight Corporation (“Airborne”) again appeals from the denial of its motion for summary judgment and the grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company (“St. Paul”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

Our prior opinion, 472 F.3d 634 (9th Cir.2006), stated that genuine issues of material fact exist as to two questions: (1) “whether the United States Postal Service *485 [ (“USPS”) ] was a covered agent of Airborne” and (2) “whether Airborne retained the responsibility and liability for packages once they were handed off to the USPS for delivery to the final consignee.” Id. at 635 . We clarified that a showing of “care, custody, and control” is not “dependent on a formal agency relationship between the primary carrier and any independent contractors.” Id. at 636 . Moreover, we observed that the provision of the Insurance Policy, stating that “[ijnsurance is to attach from the moment the Assured becomes responsible and/or liable and continues until such responsibility or liability ceases,” is “consistent with the common understanding of ‘care, custody and control’ in…