Tuesday, June 21, 2016

Case of the Day: Korea Trade Ins. Corp. v. Raineater, 2016 U.S. Dist. LEXIS 79767 (W.D. Penn. June 20, 2016)

Summary:

Plaintiff and defendant cross-moved for summary judgment, for alleged non-payment for a delivery of wiper blades. The court found that the defendant never gave notice of non-conformity, and found that the defendant "has offered little more than excuse and delay in connection with its clear obligation to make payment." The court granted the plaintiff's motion.

Takeaway:

The case itself is fairly run-of-the-mill, but what is interesting is the identity of the plaintiff. Korea Trade Insurance Corporation is a government-run entity that provides insurance to Korea's exporters for situations such as this one, i.e. trade counterparty's reneging on payments. Here is KTIC in action in U.S. courts.

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