Thursday, April 4, 2024

U.S. Court of Appeals for the Second Circuit, Indemnity Insurance Company of North America v. Unitrans International Corporation, Docket No. 21-2132


Waybill

 

Export 

 

Transportation

 

 

 

A “waybill” is “a document acknowledging the receipt of goods by a carrier or by the shipper’s agent and the contract for the transportation of those goods.  .  .  . A waybill ordinarily records where the goods are being sent, how much they are worth, and how much they weigh.” Waybill, Black’s Law Dictionary (11th ed. 2019). An “air waybill” is specifically “a waybill for transportation of cargo by air.” Id. Article 4(1) of the Montreal Convention provides that “in respect of the carriage of cargo, an air waybill shall be delivered.” Montreal Convention art. 4(1). (Fn. 2).

 

 

(…) It remains unclear whether Unitrans (or MCL as its agent) ever issued a “house waybill” – which could further shed light on Unitrans’s role and responsibilities – and if so, what happened to it. See J. App’x at 80 (explaining that an “air waybill” is the waybill issued by the actual carrier while the “house waybill” is issued by the forwarder).

 

 

 

 

(U.S. Court of Appeals for the Second Circuit, April 4, 2024, Indemnity Insurance Company of North America v. Unitrans International Corporation, Docket No. 21-2132)

 

 

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