Underwriters at Lloyds Subscribing to Cover Note B0753PC1308275000 v. Expeditors Korea Ltd.

After transporters damaged cargo, Lloyds filed suit seeking to recover from the transporters the damages that Lloyds paid to its insured. The Eleventh Circuit explained that, because the transporters damaged one part of a machine that could not operate without the damaged part, the extent of the transporters' liability depended on whether the Montreal Convention or the waybill controlled. The court held that the district court erred in ruling that the Montreal Convention governed the transporters' liability, but rather, the waybill governed the transporters' liability. Because the waybill was ambiguous about the weight that should be used to calculate liability, the court remanded the case for the district court to address the issue in the first instance. View "Underwriters at Lloyds Subscribing to Cover Note B0753PC1308275000 v. Expeditors Korea Ltd." on Justia Law