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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. COSCO CONTAINER LINES CO. LTD. 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: 
2:13-cv-04034 Search Pacer
Court Type: 
Federal
US District Court: 
District of New Jersey
Date Filed: 
Jun 28 2013

"AS AND FOR A CAUSE OF ACTION
9. On or about October 3, 2012, a consignment, consisting of 12 pallets of steel, stainless steel, and brass ball chains, then being in good order and condition, was laden into container GESU3929787, and was delivered to the M/V HANJIN LOS ANGELES and to defendants COSCO, Mare, and/or their agents at the port of Busan, Korea for transportation to New York, New York in consideration of an agreed upon freight, pursuant to Mare bill of lading MARENYP12100003.

10. Thereafter, the aforementioned consignment was loaded aboard the M/V HANJIN LOS ANGELES and the vessel sailed for its intended destination.

11. On or about October 27, 2012, the consignment arrived at the Port of New York and was discharged at Maher Terminals in Elizabeth, New Jersey.

12. On or about October 27, 2012, evacuations were underway in coastal areas of New Jersey, which faced the highest risk of flooding from the impending hurricane's storm surge.

13. Defendant Maher Terminals was located in a high risk flood zone.

14. On October 27, 2012 and days beforehand, the entire region braced and prepared for Hurricane Sandy, which was widely forecasted to make landfall on or about October 29, 2012.

15. Despite these clear and present warnings of the impending storm, defendants COSCO and Mare discharged, and defendant Maher Terminals accepted, the cargo into defendant Maher Terminals location on October 27, 2012.

16. On or about October 29, 2012, Hurricane Sandy made landfall.

17. Container GESU3929787 sustained severe water damage due to water infiltration as a result of tidal storm surge.

18. As a result, the cargo inside container GESU3929787 was damaged.

19. 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 defendants and/or their agents.

20. Defendants and/or their agents failed to take all reasonable measures and precautions to prevent damage to the subject cargo in light of the impending, forecasted, and highly publicized storm.

21. 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 $9,748.73.

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, jointly and severally, for the amount of plaintiff s damages in the amount of at least $9,748.73, 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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