Mitsui Sumitomo Ins. Co. v. Singh
Mitsui Sumitomo Insurance Company (Mitsui) appeals from the grant of summary judgment in its subrogation action against Cargo Solution, Inc. (CSI) and Happy Singh, Rajesh Sharma Aka, Bobby Kang, Yudvinder Kang, Balwinder Kang and Baldeu Singh Kang (collectively Singh) for payment of monies to Mitsuis insured Sony Electronics, Inc. (Sony) for non delivery of cargo entrusted to CSI. The trial court found Singh had no personal liability for the non-delivery of cargo, and that CSIs liability was limited to $100,000 as set forth in the bill of lading. Mitsui contends that (1) the trial court erred in proceeding with the motion when Mitsui had not completed discovery, (2) CSIs and Singhs liability is not limited to $100,000, and (3) the trial court erred in denying prejudgment interest on CSIs $100,000 liability. CSI cross-appeals the trial courts denial of its request for an offset of monies paid by the shipping broker to Mitsui. Court affirm.
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