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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

Ace Group Unit Sues Shipper over Spoiled Chocolates

January 27th, 2014 - Indemnity Insurance Co. of North American (IINA) has sued an ocean cargo liner after a load of chocolates shipped to a client in the United States allegedly arrived in poor condition.

The ACE Group unit filed suit in U.S. District Court in New York against the M/V Skogafoss and “her engines, boilers, machinery, etc.” Also named were ship owners and agents involved in transporting a load of nearly 10,000 cases of chocolate from Europe to Boston.

IINA said the load, which was intended for the U.S. facilities of Swiss chocolate manufacturer Lindt & Sprungli, was delivered to the M/V Skogafoss on December 19th, 2012, while it was berthed at Rotterdam. The Skogafoss then departed for Boston, but first stopped in Reykjavik, Iceland. Once west of Iceland it encountered a storm, during which seawater allegedly infiltrated two trailers containing the chocolate.

Upon arrival in Boston, IINA said it was discovered that the chocolates were damaged.

Lindt filed a claim with its carrier, IINA. The ACE Group unit allegedly paid the chocolatier $155,000 in damages, and now as subrogee of Lindt has filed suit against the shippers.

IINA said that the defendants received cargo that was in good condition and that any damage done to it was not the result of anything that the chocolate company had done. It said that Defendants had a duty to deliver the confection to Boston in good order, something they allegedly failed to do.

IINA said it has previously demanded payment but none has been forthcoming. It asked for the $155,000 in damages that it paid to Lindt, and for attorneys’ fees.

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