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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. A.P. MOLLER-MAERSK A/S

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: 
1:11-cv-07541 Search Pacer
Opposing Party: 
Indemnity Insurance Company of North America
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Oct 25 2011

"6. On or about July 05, 2011 a consignment consisting of 2098 cartons of Baby Shampoo and 1114 cartons of Feminine Wash, laden into container MSKU6054910, then being in good order and condition, was delivered to the M/V THELKA SCHULTE and to Maersk at Ambarli Port, Istanbul, Turkey for transportation to Newark, New Jersey, in consideration of an agreed freight, pursuant to Maersk bill of lading number MAEU862057104, dated Jul 15, 2011.

7. On or about July 15, 2011 the Container was loaded aboard the M/V THELKA SCHULTE and the vessel departed for its intended ports of destination.

8. On or about August 07, 2011 the vessel arrived at Port Newark and discharged the subject container.

9. On or about August 9, 2011 the container was out-gated from the marine terminal to American Cargo Express, who was responsible for draying the container from the marine terminal to its warehouse, located at 545 Dowd Avenue, Elizabeth, New Jersey.

10. On or about August 9, 2011, upon arrival of the container at the ACE warehouse, the container, was opened and found to be empty.

11. The loss of the 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 defendant.

12. At all times relevant hereto, a contract of insurance for property damage was in effect between DELTA and IINA, which provided coverage for, among other things, loss or damage to this consignment of Baby Shampoo and Feminine Wash.

13. Pursuant to the aforementioned contract of insurance between DELTA and IINA, monies have been expended on behalf of DELTA 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 $30,082.

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 plaintiffs damages in the amount of at least $30,082, 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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