Kumar sold 700 television sets to one of its largest customers, Nava, in Venezuela. the contract was on CIF terms,Maracaibo.
However, they agreed that Nava would not pay Kumar until Nava actually sold the merchandise. Kumar obtained the televisions from its supplier, received them in a Miami warehouse, loaded them on a trailer, delivered the trailer to its freight forwarder, Maduro, in Florida, and obtained the shipping documents.
The trailer was stolen from the Maduro lot and found abandoned and empty. Kumar had failed to obtain marine insurance on the cargo. Kumar sued Maduro and the carrier.
The defendants argued that, since the risk of loss had passed from Kumar to Nava, Kumar did not have standing to sue.
The trial court agreed with the defendants and dismissed Kumar's case. Kumar appealed.
Issue: Does the seller have the standing to sue the carrier for the cargo loss?