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

AGCS MARINE INSURANCE COMPANY, et al v. CARIBBEAN FERRY EXPRESS N.V. 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: 
0:11-cv-60861 Search Pacer
Opposing Party: 
AGCS Marine Insurance Company
Court Type: 
Federal
US District Court: 
Southern District of Florida

"1. This is an action pursuant to 28 U.S.C. § 1335 for interpleader concerning the proceeds payable on a contract of marine insurance covering the Ferry Vessel "NAVEGANTE". The contract of marine insurance, AGCS Hull and Machinery Policy Number OHL 92003050 and ACE-USA Policy Number N0570922711 (hereinafter "The Policy") covering the Ferry Vessel "NAVEGANTE" is attached as Exhibit "A" to this Complaint.

2. On February 26, 2011, the Ferry Vessel "NAVEGANTE" sank approximately seventy (70) nautical miles off the coast of St. Lucia and was a complete and total loss. The Ferry Vessel NAVEGANTE was insured for Four Million Dollars and 00/100 ($4,000,000.00 US) and the current claim for the total loss of the Ferry Vessel NAVEGANTE is valued at Three Million Nine Hundred Eighty Six Dollars and 00/100 ($3,986,000.00 US)."

 

"7. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1335 because the operative contract of marine insurance provides coverage in excess of Five Hundred Dollars and 00/100 ($500.00), two or more adverse claimants are of diverse citizenship, and AGCS and ACE-USA have agreed to post a bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the Plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy."

 

"20.    As set forth in Paragraph 12-19 herein, a dispute exists as to the rightful claimant to the funds at issue owing under the operative contract of marine insurance.

21.    Because of these conflicting claims, AGCS and ACE-USA are in great doubt as to which party is entitled to the proceeds owing under the operative contract of marine insurance.

22.    AGCS and ACE-USA have no beneficial interest in the amount to be paid and are merely stakeholders.

23.    AGCS and ACE-USA have filed this action to be relieved of multiple liability on the conflicting claims of CARIBBEAN FERRY and LADY MARINE to insurance proceeds owing under the operative contract of marine insurance.

24.    AGCS and ACE-USA agree to post a bond payable to the Clerk of the Court in such amount and with such surety as the Court may deem proper, conditioned upon the compliance by the Plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy.

25. AGCS and ACE-USA have retained the law firm of Fowler White Burnett P.A. to represent them in this action and has agreed to pay reasonable attorneys' fees and costs. AGCS and ACE-USA are entitled to recover its attorneys' fees and costs pursuant to applicable law."
 

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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