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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 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: 
1:14-cv-05977 Search Pacer
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Jul 31 2014

Plaintiff, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a/s/o THE
HOME DEPOT, INC., by and through its attorneys, Casey & Barnett LLC, as and for its
Complaint, alleges upon information and belief as follows:
JURISDICTION
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.
PARTIES
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 10 Exchange Place, Jersey City, New Jersey 07302, and is the subrogated
underwriter of a consignment of Furniture laden on board the M/V GRETE MAERSK as more
specifically described below.
3. At all material times, THE HOME DEPOT, INC. (hereinafter "Home Depot" or
"Plaintiff) was and is a corporation organized and existing by virtue of the laws of Delaware
with an office and place of business located at 2455 Paces Ferry Road, Atlanta, Georgia 30339,
and was the owner/receiver of a consignment of Furniture on board the M/V GRETE MAERSK,
as more specifically described below.
4. At all material times, defendant, AP MOLLER-MAERSK A/S d/b/a MAERSK
LINE (hereinafter "Maersk") was and is a corporation organized and existing by virtue of the
laws of a foreign state with an office and place of business located at 2 Giralda Farms, Madison
Avenue, Madison NJ 07940 and at all relevant times, was and is still doing business within the
jurisdiction of this Honorable Court as a common carrier.
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 consignments,
as their respective interests may ultimately appear, and plaintiff is entitled to maintain this action.
6. On or about September 23, 2013, a consignment consisting of 164 Cartons
Furniture, laden in container number PONU 3059008, then being in good order and condition,
was delivered to the M/V GRETE MAERSK and to Maersk and/or its agents in Yantian, China
in consideration of an agreed upon freight, pursuant to Maersk bill of lading number MAEU
SZHRY0002 dated September 23, 2013, for transportation to St. Louis, Missouri via Los
Angeles, California.
7. Thereafter, the aforementioned consignment was loaded aboard the M/V GRETE
MAERSK and the vessel sailed for its intended destination.
8. On or about October 21, 2013, container number PONU 3059008 was delivered
to the cargo receiver in St. Louis.
9. Upon discharge and delivery, it was discovered that the Furniture had sustained
wetting during transit due to a hole in the container.
10. As a result of the foregoing, The Home Depot sustained a loss of $28,048.00 for
the consignment.
11. The damage to 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, breach of
contract of carriage, and bailment on the part of the Defendant and/or its agents.
12. At all times relevant hereto, a contract of insurance for property damage was in
effect between Home Depot and IINA, which provided coverage for, among other things, loss or
damage to the consignment.
13. Pursuant to the aforementioned contract of insurance between Home Depot and
IINA, monies have been expended on behalf of Home Depot 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 defendant, 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 defendant.
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 $28,048.00.
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 $28,048.00, 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.