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

ACE AMERICAN INSURANCE COMPANY et al v. MOHAWK NORTHEAST INC

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
3:14-cv-01730 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Connecticut District Court
Date Filed: 
Nov 19 2014

COMPLAINT

THE PARTIES
I. John Richards and Wendy Richards, husband and wife, are adult individuals who
reside in Bonita Springs, FL and at all material times hereto were the owners of a yacht named
the Windermere.
2. Ace American Insurance Company ("Ace") is a corporation organized under the
laws of the State of Delaware with a principal place of business located at 436 Walnut Street, in
Philadelphia, PA.
3. Ace provided property damage insurance to John and Wendy Richards for their
ownership interest in the Windermere.
4. Defendant, Mohawk Northeast, Inc. ("Mohawk") is corporation organized under
the laws of Connecticut with its main office at 170 Canal Street, Plantsville, CT.
5. At all times material hereto, the JUDY M, a tug, was owned and operated by the
defendant, Mohawk Northeast, Inc.
JURISDICTION
6. This is a case of maritime jurisdiction pursuant to 28 U.S.C. § 1333(1).
FACTUAL ALLEGATIONS
7. On or about November 15, 2013, Mr. Richards was aboard his yacht,
Windermere, which was anchored off of Point Judith, RI.
8. Mohawk had been hired to tow the Windermere to Brewer Cove Haven Marina in
Barrington, RI because the Windermere was disabled.
9. Mohawk dispatched the Judy M to tow the Windermere into port.
10. During the towing operations, due to the negligence of the Judy M, the Judy M
struck and collided at least three times with the Windermere, causing damage to the Windermere.
11. Ace has partially compensated Mr. and Mrs. Richards for their property damage
to the Windermere, and is subrogated, to the extent of its payments, to the rights of Mr. and Mrs.
Richards.

COUNT I
GENERAL MARITIME LAW-NEGLIGENCE
12. Plaintiffs hereby incorporate by reference each and every allegation set forth
above as fully as if the same were recited herein at length.
13. The property damages sustained by Mr. and Mrs. Richards were no fault of their
own, but were caused by the negligence of the Defendant in that the Defendant had a duty to
avoid collisions by maintaining the Judy M in safe operating condition, and operating the Judy M
in a safe manner and in compliance with the Rules of Navigation.
14. The Defendant breached its duties by failing to properly maintain and operate the
Judy M, causing the Judy M to strike the Windermere.
REQUEST FOR RELIEF
15. Under Count I, that this Court enter judgment in favor of Mr. and Mrs. Richards
and Ace against the Defendant for money damages.
16. For such other relief as this Court deems appropriate.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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