Lexington Insurance Co. v. Daybreak Express Inc.

Lexington Insurance Company argued that a cargo-damage claim related back to its original action for breach of the settlement agreement. The court of appeals held that the relation-back doctrine applies to a Carmack Amendment claim. The cargo-damage claim and the breach-of-settlement claim both arose out of the same occurrence. The federal district court's holding that Lexington's breach-of-settlement claim is not preempted by the Carmack Amendment does not compel the conclusion that it is based on a wholly different transaction than the cargo-damage claim. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 11-0597, 01-25-2013.

This article requires premium access

This article requires premium access to Texas Lawyer. Please sign in or subscribe to read the full text.