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

ACE AMERICAN INSURANCE COMPANY v. SYLVIA & WASHBURN, INC. 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: 
1:15-cv-11849 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Massachusetts District Court
Date Filed: 
May 15 2015

PARTIES

  1. ACE American Insurance Company (“ACE”) is a Pennsylvania business
    corporation with a principal place of business at 436 Walnut St., Philadelphia,
    Pennsylvania 19106.
  2. Sylvia & Washburn, Inc. (“Sylvia & Washburn”) is a Massachusetts corporation
    with a principal place of business located at 131 West St., West Bridgewater,
    Massachusetts 02379.
  3. Matthew Sylvia is a natural person with a residential address of 477 Hawes Street,
    New Bedford, MA 02745.

JURISDICTION

  1. This court has original subject matter over this action pursuant to 28 U.S.C.

§1331, §1332 and §1333 as a case of admiralty or maritime jurisdiction and due
to diversity of the parties.

  1. The amount in controversy is $254,814.50 and thus exceeds $75,000.00.

GENERAL ALLEGATIONS

  1. At all times applicable hereto, Inter-Ocean Maritime Corporation (“Inter-Ocean”),
    a British Virgin Islands registered corporation, owned a sailing vessel, the Illusion
    (the “vessel”).

Case l:15-cv-11849-MLW Document 1 Filed 05/15/15 Page 2 of 5

  1. At all times applicable hereto, the plaintiff ACE insured Inter-Ocean against
    property damage to its vessel and the vessel’s mast, rigging and equipment
    pursuant to a policy of insurance.
  2. At all times applicable hereto, the defendant Matthew Sylvia was an agent,
    servant, employee, director or officer of the defendant Sylvia & Washburn.
  3. On or about May 19, 2012, the vessel was at the shipyard operated by the
    Fairhaven Shipyard Companies, Inc. in Fairhaven, Massachusetts.
  4. On or about May 19, 2012, while at the shipyard, the vessel’s mast was struck by
    a motor vehicle.
  5. The motor vehicle was operated by the defendant Matthew Sylvia, or another
    agent, servant or employee of the defendant Sylvia & Washburn, on behalf of and
    while engaged in the business of the defendant Sylvia & Washburn.
  6. The motor vehicle was registered to or owned by the defendant Sylvia &
    Washburn.
  7. Asa result of being struck by the motor vehicle, the mast, its rigging and
    equipment were damaged.
  8. Inter-Ocean incurred costs and expenses to repair and/or replace the mast, its
    rigging and equipment.
  9. Pursuant to its policy of insurance, the plaintiff ACE indemnified Inter-Ocean in
    the amount of $254,814.50 for its damages, costs and expenses.

COUNTI
NEGLIGENCE

  1. The defendant Matthew Sylvia owed a duty to Inter-Ocean to operate the motor
    vehicle in a prudent and careful manner.

Page 2 of 5


Case l:15-cv-11849-MLW Document 1 Filed 05/15/15 Page 3 of 5

  1. The defendant Matthew Sylvia breached that duty by operating the motor vehicle
    in a careless and negligent manner.
  2. The breach of duty by the defendant Matthew Sylvia was the proximate cause of
    the motor vehicle striking the vessel’s mast and all damages arising from that
    incident.
  3. Asa result of being struck by the motor vehicle, the mast, its rigging and
    equipment were damaged.
  4. Inter-Ocean incurred costs and expenses to repair and/or replace the mast, its
    rigging and equipment.
  5. Pursuant to its policy of insurance, the plaintiff ACE indemnified Inter-Ocean for
    its damages, costs and expenses.
  6. The plaintiff ACE is subrogated to the rights of Inter-Ocean to recover against the
    defendants for Inter-Ocean’s property damage by operation of law, by the terms
    of the policy of insurance and by assignment of those rights.

WHEREFORE, the plaintiff, ACE, demands judgment against the defendant, Matthew

Sylvia, in the amount of $254,814.50, together with interest, costs, attorneys’ fees and

such other relief as is meet and just in the circumstances.

COUNT II

NEGLIGENCE - VICARIOUS LIABILITY

  1. As the registered owner of the motor vehicle, the defendant Sylvia & Washburn is
    legally responsible for the conduct of the defendant Matthew Sylvia or any other
    person operating the motor vehicle.
  2. As the principal or employer of the defendant Matthew Sylvia or any other operator
    of the motor vehicle, the defendant Sylvia & Washburn is vicariously liable for the
    negligent operation of the motor vehicle by its agent, servant or employee.


Case l:15-cv-11849-MLW Document 1 Filed 05/15/15 Page 4 of 5

  1. The negligent operation of the motor vehicle by an agent, servant or employee of the
    defendant Sylvia & Washburn was the proximate cause of the motor vehicle striking
    the vessel’s mast and all damages arising from that incident.
  2. As a result of the negligent operation of the motor vehicle by an agent, servant or
    employee of the defendant Sylvia & Washburn, the mast, its rigging and equipment
    were damaged.
  3. Inter-Ocean incurred costs and expenses to repair and/or replace the mast, its rigging
    and equipment.
  4. Pursuant to its policy of insurance, the plaintiff ACE indemnified Inter-Ocean for its
    damages, costs and expenses.
  5. The plaintiff ACE is subrogated to the rights of Inter-Ocean to recover against the
    defendants for Inter-Ocean’s property damage by operation of law, by the terms of
    the policy of insurance and by assignment of those rights.

WHEREFORE, the plaintiff, ACE, demands judgment against the defendant, Sylvia &

Washburn, in the amount of $254,814.50, together with interest, costs, attorneys’ fees and

such other relief as is meet and just in the circumstances.

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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