Second Circuit Vacuums "Kirby" into a Void

Insurance liability for maritime freight shipments may be limited if damage occurs after the freight is transferred from ship to rail for inland transportation. A "Himalaya Clause" in the Carriage of Goods By Sea Act (COGSA) limits inland transportation provider liability to $500 per package under extended ocean shipper bills of lading. The article discusses ramifications of the issue and examines two applicable cases: "James N. Kirby v. Norfolk Southern Ry. Co." involving an Australian shipper, and "Sompo Japan Ins. Co. of America v. Union Pacific Railroad Co." involving a Japanese shipper. The Carmack Amendment is also discussed.


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Filing Info

  • Accession Number: 01044043
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Mar 8 2007 4:44PM