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Fed. Ins. Co v. SF Express Corp.

Bill of Lading Supports Inference Carrier Assumed Liability for Lost Cartons' Delivery

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MEMORANDUM ORDER Plaintiff Federal Insurance Co. is the subrogated cargo underwriter for Elco Limited, Inc. (“Elco”). Elco purchased 1,025 cartons of facemasks from companies in China and arranged for them to be shipped to its warehouse in Minnesota. At some point between the facemasks’ arrival in the United States and their delivery at Elco’s facilities, 29 of the cartons were lost. Plaintiff brings this action against three defendants that it alleges were carriers contracted to deliver the facemasks to Elco’s warehouse. Now before the Court is the motion to dismiss of one of those alleged carriers, Total Quality Logistics LLC (“TQL”). BACKGROUND In early May 2020, plaintiff’s assured, Elco, purchased a total of 1025 cartons of disposable non-surgical face masks, on consignment, from a supplier in Wuxi, China.

2, 7-8.1 Thereafter, Elco contracted with defendant SF Express Corp. (“SF”) to arrange the transportation of the two consignments of facemasks from China to Elco’s distribution warehouse, located at a Federal Express facility in Edina, Minnesota.

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