OPINION AND ORDER Plaintiff Indemnity Insurance Company of North America (“Indemnity”) brings this action against Defendants Expeditors International of Washington, Inc. (“Expeditors”) and China Airlines, Inc. (“China Airlines”), in connection with damage allegedly sustained by cargo during international transport. Invoking the Convention for the Unification of Certain Rules for International Carriage by Air, S. Treaty Doc. No. 106-45 (May 28, 1999) (“Montreal Convention”), Indemnity asserts claims for breach of contract, breach of bailment obligations, and negligence. (Dkt. No. 1 (“Compl.”) at 3-5.) Following the close of discovery, each party moved for summary judgment under Federal Rule of Civil Procedure 56. (Dkt. Nos. 30, 35, 40.) For the reasons that follow, the motions are denied.I. BackgroundThe following facts are drawn from the Complaint and the parties’ Rule 56.1 statements and are not subject to genuine dispute unless otherwise noted.This case involves an insurance company’s attempt to recover for damage allegedly sustained by a commercial jet engine as it was transported by air from Florida to Taiwan. GE Aviation Materials, L.P. (“GE”) is an aviation company that assembles, sells, and overhauls aircraft engines. (Dkt. No. 36 5.) GE owned the jet engine at issue at the time of transport. Plaintiff Indemnity is an insurance company that insures GE and issued a policy covering the engine. (Dkt. No. 36 4.)Defendant Expeditors is an “international transportation service provider” which “operates as an intermediary in all modes of transportation.” (Dkt. No. 36 2.) As relevant here, Expeditors’ services include functioning as an “indirect air carrier,” also known as an “air freight forwarder.” (Dkt. No. 36 1.) In that capacity, Expeditors is party to a framework agreement called the Global Air Freight Transportation Contract (“Global Contract”), which governs the air shipment of cargo that Expeditors undertakes for certain shippers. (Dkt. No. 51 6; Dkt. No. 39-1.)1 Expeditors also maintains a “Conditions of Contract” for “International Air Transportation.” (Dkt. No. 52-2.)Defendant China Airlines is a “foreign air carrier,” which operates as a “direct air carrier.” (Dkt. No. 36 3.) As a direct carrier, China Airlines is hired by shippers and indirect carriers to transport cargo internationally.In March 2015, GE reached out to Expeditors to arrange transport of a commercial jet engine from Tamarac, Florida, to Taipei, Taiwan, to be delivered to Evergreen Aviation Technologies (“Evergreen”). (Dkt. No. 34-2 at 8-9.) In approving Expeditors’ proposed price for the transport, GE’s Material Control and Logistics Manager, Jerry Yen, instructed that “[i]t’s very important to make sure the engine is under correct tie-down throughout the entire trip.” (Dkt. No. 34-2 at 6; see Dkt. No. 32 1.) Expeditors’ regional account manager for GE, Jennifer Schmitt, responded “well noted on the tie down.” (Dkt. No. 34-2 at 5; Dkt. No. 34-3 at 6.) Schmitt did not ask Yen for any clarification regarding the proper tie-down procedures, and Yen offered no specific instructions. (Dkt. No. 34-3 at 20:19-20:21.)Expeditors issued an air waybill to GE in connection with the arrangement, and the waybill did not specify any special transit requirements for the engine. (Dkt. No. 36 15; Dkt. No. 34-7.) On April 8, 2015, Expeditors arranged to have China Airlines transport the jet engine cargo (Dkt. No. 36 15; Dkt. No. 40-1 2), but in doing so did not provide “any specific loading and stowage instructions” to China Airlines (Dkt. No. 39 5). An air waybill was issued between China Airlines and Expeditors in connection with this agreement. (Dkt. No. 31 11; Dkt. No. 34-8.)The parties agree that the engine at issue was used and was being sent to Evergreen for an overhaul. (Dkt. No. 36
10-11; Dkt. No. 38-1 at 27:4-10.) But they dispute the precise condition of the engine at the time China Airlines picked it up for transport, specifically whether the engine was certified airworthy.2Between April 8 and April 11, 2015, China Airlines transported the engine from Florida to Taiwan. (Dkt. No. 40-1
