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

ACE AMERICAN INSURANCE COMPANY v. FULIFILM SMART SURFACES, LLC et al

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: 
2:11-cv-03435 Search Pacer
ACE Group party(s): 
Opposing Party: 
ACE AMERICAN INSURANCE COMPANY
Court Type: 
Federal
US District Court: 
Eastern District of Pennsylvania
Date Filed: 
May 26 2011

"14. Dr. Joseph Morris developed a silicone-based antifouling coating system while working for the U.S. Navy.

15. After Dr. Morris retired from the Navy he acquired the rights to the antifouling technology and worked with Fujifilm to further develop the product.

16. Several years before the incident giving rise to this action, a first generation of the product being developed by Dr. Morris and Fujifilm was applied to the hull bottom of the insured
yacht PATRIOT.

17. Following Dr. Morris' death in September 2008, the PATRIOT was put up for sale through a yacht broker.

18. Fujifilm learned that the PATRIOT was being offered for sale and agreed with Mrs. Morris to remove its proprietary bottom coating from the PATRIOT and re-coat the vessel, for its own commercial purposes, at its own expense, taking full responsibility to do so in a workmanlike manner.

17. While the PATRIOT was in Fujifilm's care, custody and control, Fujifilm arranged for Carr Creek to move the vessel from its previous on-shore storage location to one that facilitated the removal of the old bottom coating and the application of the new bottom coating.

18. Fujifilm caused the jackstands supporting the PATRIOT to be removed and placed elsewhere so that the hull portions underneath the jackstands could be stripped and painted.

19. Fujifilm employees next applied two coats of bottom paint to the entire bottom of the hull, except for the portions where the relocated jackstands were located.

20. On or about May 26, 2009, before Fujifilm had completed the recoating of the PATRIOT, the vessel toppled off of the jackstands upon which it had been resting and landed on the ground resulting in substantial and serious damage to the hull, rigging and interior.

21. Portions of the PATRIOT'S rigging also contacted an adjacent vessel, the 36-foot sailboat WILD GOOSE III, causing damage to that vessel.

22. As a result of negligence, breach of contract, breach of warranty and breach of bailment on the part of Fujifilm and/or Carr Creek (hereinafter collectively Defendants) the PATRIOT was damaged.

23. As a result of the damage caused by Defendants' conduct, plaintiff has incurred damages in excess of $97,118.34."

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.

Javascript is required to view this map.