CIVIL NO. 98-2359 (GG) November 13, 2003 OPINION AND ORDER GILBERTO GIERBOLINI-ORTIZ, Senior District Judge Pending before this court is the plaintiffs' motion for partial summary judgment and the defendants' cross motion for summary judgment. (Docket entries #37, 43, 46, 47, 54 59). BACKGROUND This is an action in admiralty and a damaged cargo claim under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. § 1301, et seq. filed by Marine Office of America Corporation ("MOAC"), Continental Insurance