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Civil Procedure Keyed to Field
Nissan Fire & Marine Insurance Company, Ltd. v. Fritz Companies, Inc.
Citation:
210 F.3d 1099 (9th Cir. 2000)Facts
In June 1995, Hitachi Data Systems Corp. contracted with Fritz Companies, Inc., a freight forwarder, to ship a 530-kilogram disk drive from Miami to Buenos Aires, Argentina. Fritz arranged for Tower Air, Inc. to fly the disk drive to Buenos Aires. The parties agree that the disk drive arrived damaged on June 13, 1995, and was subsequently determined to be a total loss. Hitachi and its insurer, Nissan Fire & Marine Insurance Company, Ltd., sued Fritz and Tower under the Warsaw Convention for recovery of damages. The central dispute concerned whether Hitachi provided timely written notification of the loss to Fritz and Tower within the seven-day period required by Article 26 of the Warsaw Convention. Both defendants moved for summary judgment, claiming that Hitachi failed to comply with the Convention’s notice requirement.
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