United States Ninth Circuit
Airborne Freight Corp. v. St. Paul Fire & Marine Ins. Co., 04-35989
In a breach of contract case in which plaintiff sought indemnification from an insurer after it settled certain lawsuits for lost and damaged packages, summary judgment for insurer is reversed in part where, for purposes of a -care, custody, and control- exclusion, there were material facts in dispute as to whether the United States Postal Service (USPS) was a covered agent of plaintiff, and whether plaintiff retained responsibility and liability for packages once they were handed off to the USPS for delivery to the final consignee.
Appellate Information
- Argued 07/24/2006
- Decided 12/26/2006
- Published 12/26/2006
Judges
- WARDLAW, Circuit Judge:, Before: WALLACE, WARDLAW, and FISHER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Michael E. Gossler, Scott E. Feir and Benjamin I. Vanden Berghe, Montgomery Purdue Blankinship & Austin, Seattle, WA, for appellant Airborne Freight Corp. d/b/a Airborne Express.
- For Appellees:
- John P. Hayes, Forsberg & Umlauf, Seattle, WA, for appellee St. Paul Fire & Marine Insurance Co.