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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA et al v. TOTEM OCEAN TRAILER EXPRESS, 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: 
3:13-cv-06093 Search Pacer
Court Type: 
Federal
US District Court: 
Western District of Washington
Date Filed: 
Dec 30 2013

I.
This is an admiralty or maritime claim within the meaning of Rule 9(h), Federal Rules
of Civil Procedure, and is within the jurisdiction of this Court pursuant to the general maritime
lawand28U.S.C. §1333.
II.
At and during all the times hereinafter mentioned, plaintiffs had and now have the
status and places of business stated in Schedule A hereto annexed and by this reference made a
part hereof. Plaintiffs are the shippers, exporters, notify parties, ultimate consignees, importers
and/or underwriters of the cargo described herein as set forth in Schedule A, and are bringing
this action on behalf of and in a representative capacity for any of those interests not named as
plaintiffs in the complaint.
III.
At and during all the times hereafter mentioned, the defendants had and now have the
status and places of business stated in Schedule A. Defendant ocean carrier was and now is
engaged in business as a common carrier of merchandise by water for hire, and owned,
operated, managed, chartered and/or controlled the defendant vessel. Defendant ocean carrier
maintains an office and place of business within this district and within the jurisdiction of this
Court at the address stated in Schedule A.
IV.
Defendant vessel is a general ship engaged in the common carriage of goods by water
between the ports set forth on Schedule A. The defendant vessel is now or will be during the
pendency of process hereunder within this district and within the jurisdiction of this Court.
V.
On or about the date and at the port(s) of shipment stated in Schedule A, there was
delivered to the defendants in good condition the shipment described in Schedule A, which
defendants received, accepted and agreed to transport for certain consideration to the port(s) of
destination stated in Schedule A.
VI.
Thereafter, on or about the date(s) set forth in Schedule A, the subject shipment(s)
arrived at the port(s) of destination. However, on information and belief, in breach of the valid
terms of the contracts of carriage and due to the negligence and breach of contract of the
defendant(s), said shipment(s) arrived not in the same good order and condition, as set forth in
Schedule A, as when received by defendant(s) at the port(s) of shipment.
VII.
Plaintiffs have performed all duties and obligations on their part to be performed.
VIII.
Plaintiffs suffered damages as set forth on Schedule A, no part of which has been paid.
WHEREFORE, plaintiffs pray:
1. That process in due form of law according to the practice of this Court issue
against defendants;
2. That judgment be entered in favor of plaintiffs against defendant(s) in the
amount set forth on Schedule A together with interest and costs;
3. That process in due form of law according to the practice of this Court, in
maritime causes, issue against the defendant vessel, her engines, tackle, furniture and apparel,
and that all persons having an interest in said vessel be cited to appear in answer to this
Complaint and that the vessel be sold to pay the damages sustained by plaintiffs, together with
interest and costs; and
4. That plaintiffs be awarded such other, further and different relief as this Court
may deem just and proper.

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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