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


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 or contact the clerk of the relevant court.

Case Number: 
1:11-cv-09270 Search Pacer
Opposing Party: 
Indemnity Insurance Company Of North America etc.
Court Type: 
US District Court: 
Southern District of New York
Date Filed: 
Dec 19 2011

"Plaintiff, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a/s/o CTG US, LLC, by and through its attorneys, Casey & Barnett, LLC, as and for its Complaint, alleges upon information and belief as follows:

1. This is an admiralty and maritime claim within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure. Jurisdiction is predicated upon 28 U.S.C. §1333.

2. At all material times, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (hereinafter "IINA" or "Plaintiff) was and is a corporation with an office and place of business located at 140 Broadway, 40th Floor, New York, New York, 10005 and is the subrogated insurance underwriter of CTG US, LLC, the owner of a consignment of bagged Organic Rice, as more specifically described below.

3. At all material times, CTG US, LLC (hereinafter "CTG") was and is a corporation with an office and place of business located at 401 E Las Olas Blvd, Suite 1400, Fort Lauderdale, Florida 33301 and was the owner of the consignment of bagged Organic Rice that is the subject matter of this litigation.

4. At all material times, defendant MEDITERRANEAN SHIPPING COMPANY S.A. (hereinafter "MSC" or "Defendants") was and is a foreign corporation with an office and place of business located at 420 5th Avenue, 8th Floor, New York, New York 10018 and was and is doing business within the jurisdiction of this Honorable Court.

5. Plaintiff brings this action on its own behalf and as agent and/or trustee on behalf of and for the interest of all parties who may be or become interested in the said consignment, as their respective interests may ultimately appear, and plaintiff is entitled to maintain this action. RELEVANT FACTS

6. On or about September 15, 2011 a consignment consisting of 2318 Cases bagged Organic Rice, laden into container GESU9009852, then being in good order and condition, was delivered to the M/V MSC ILONA and to Defendant MSC at Houston, TX for transportation to Durban, South Africa, in consideration of an agreed freight, pursuant to MSC Bill of Lading number MSCUHT906628 dated September 15, 2011.

7. Thereafter the Container was loaded aboard the M/V MSC ILONA.

8. When the container had been laden on board the vessel in Houston, but prior to departure, the vessel's crew noted that the container was damaged and instructed that it be off loaded. During the off-loading process, the container bottom disintegrated, causing the rice cargo to tumble on the dock under the gantry crane.

9. The cargo was removed from the pier by MSC and then taken to a dump disposal unit by MSC where it was destroyed.

10. As a result of the foregoing, CTG sustained a loss.

11. The damage to the aforementioned cargo was not the result of any act or omission of the plaintiff but, to the contrary, was due solely as the result of the negligence, fault, neglect, and breach of contract of carriage on the part of the defendants.

12. At all times relevant hereto, a contract of insurance for property damage was in effect between CTG and IINA, which provided coverage for, among other things, loss or damage to this consignment of bagged Organic Rice.

13. Pursuant to the aforementioned contract of insurance between CTG and IINA, monies have been expended on behalf of CTG to the detriment of IINA due to the damages sustained during transit.

14. As IINA has sustained damages as a result of said expenditures, expenditures rightly the responsibility of the defendants, IINA has an equitable right of subrogation and is subrogated, to the extent of its expenditures, to the rights of its insured with respect to any and all claims for damages against the defendants.

15. By reason of the foregoing, plaintiff has sustained losses which will be shown with specificity at trial, no part of which has been paid, although duly demanded, which are presently estimated to be no less than $49,708.40.

WHEREFORE, Plaintiff prays:

1. That process in due form of law may issue against defendants citing them to appear and answer all and singular the matters aforesaid;

2. That judgment may be entered in favor of plaintiff against defendants for the amount of plaintiff s damages in the amount of at least $49,708.40, together with interests, costs and the disbursements of this action; and

3. That this Court grant to plaintiff such other and further relief as may be 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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