KEMPER INS. COMPANIES v. Federal Exp. Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that courts often examine the following to determine if a carrier effectively limited its liability: (1) adequate notice of the limitation, (2) sophistication of the parties, (3) the availability of “spot” insurance to cover a shipper’s exposure
• enforcing carrier's limitations provision limiting liability for lost or damaged jewelry to maximum amount of $500 pursuant to federal common law, which relies upon the Carmack Amendment
• collecting cases and explaining that a carrier need not refuse to carry items exceeding the value of its declared value policy for the policy to be valid
• an amendment is considered futile if the proposed complaint would not survive a motion to dismiss

Source: CourtListener parenthetical corpus (CC0).