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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. AP

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: 
1:13-cv-02029 Search Pacer
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Mar 26 2013

"AS AND FOR A FIRST CAUSE OF ACTION

6. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 5, inclusive, as if herein set forth at length.

7. In March 2012, a consignment consisting of 4 ductile iron pipes, laden in container number MSKU4516921, then being in good order and condition, was delivered to the M/V MAERSK MONTANA and to Maersk and/or its agents in Savannah, Georgia in consideration of an agreed upon freight, pursuant to Maersk bill of lading number MAEUGPJ05693, for transportation to Bahrain.

8. Thereafter, the aforementioned consignment was loaded aboard the M/V MAERSK MONTANA and the vessel sailed for its intended destination.

9. On or about April 22, 2012, container number MSKU4516921 was discharged in Bahrain.

10. Upon discharge and delivery, it was discovered that the pipes laden in container number MSKU4516921 had sustained physical damage during transit and required repair.

11. As a result of the foregoing, Plaintiff sustained a loss of $5,008.96 for the consignment in container number MSKU4516921.

12. The loss sustained by Plaintiff 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, breach of contract of carriage, and bailment on the part of the Defendant and/or its agents.

AS AND FOR A SECOND CAUSE OF ACTION

13. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs 1 through 12, inclusive, as if herein set forth at length.

14. On or about March 16, 2012, a consignment consisting of 4 ductile iron pipes, laden in container number PONU3039090, then being in good order and condition, was delivered to the M/V MAERSK DRUMMOND and to Maersk and/or its agents in Savannah, Georgia in consideration of an agreed upon freight, pursuant to Maersk bill of lading number MAEUGPJ105710 dated March 16, 2012, for transportation to Bahrain.

15. Thereafter, the aforementioned consignment was loaded aboard the M/V MAERSK DRUMMOND and the vessel sailed for its intended destination.

16. On or about April 29, 2012, container number PONU3039090 was discharged in Bahrain.

17. Upon discharge and delivery, it was discovered that the pipes laden in container number PONU3039090 sustained physical damage during transit and required repair.

18. As a result of the foregoing, Plaintiff sustained a loss of $5,014.65 for the consignment in container number PONU3039090.

19. The loss sustained by Plaintiff 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, breach of contract of carriage, and bailment on the part of the Defendant and/or its agents.
WHEREFORE, Plaintiff prays:
1. That process in due form of law may issue against Defendant citing it to appear and answer all and singular the matters aforesaid;
2. That judgment may be entered in favor of Plaintiff against Defendant for the amount of Plaintiffs damages in the amount of at least $10,023.61, 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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