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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. EXPEDITORS INTERNATIONAL OF WASHINGTON, INC.

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-04024 Search Pacer
Court Type: 
Federal
Date Filed: 
Jun 4 2014

Plaintiff, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a/s/o
IMATION CORP, 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 'TINA") was and is a corporation with an office and place of business
located at 1133 Avenue of the Americas, New York, New York 10036-6710, and is the
Case l:14-cv-04024-PGG Document 1 Filed 06/04/14 Page 2 of 4
subrogated underwriter of a consignment of data storage products laden on board the M/V
CHARLESTON EXPRESS, as more specifically described below.
3. At all material times, IMATION CORP. (hereinafter "Imation") was and is a
corporation with an office and place of business located at 1 Imation Way, Oakdale, Minnesota
55128-3414 and was the shipper/owner of a consignment of, inter alia, 10 packages of data
storage products laden on board the M/V CHARLESTON EXPRESS, as more specifically
described below.
4. At all material times, defendant, EXPEDITORS INTERNATIONAL OF
WASHINGTON, INC. (hereinafter "Expeditors") was and is a corporation with an office and
place of business located at 1015 Third Avenue, 12th Floor, Seattle, Washington 98104, and was
at all times acting in the capacity of a non-vessel owning common carrier of goods for hire and at
all relevant times 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 March 6, 2013, a consignment consisting of 10 packages of data
storage products, then being in good order and condition, was delivered to Expeditors and/or its
agents at Dallas, Texas for transportation to Rotterdam, Netherlands via Houston, Texas in
consideration of an agreed upon freight, pursuant to Expeditors International Ocean bill of lading
number 6230031983 dated March 6, 2013.
7. Thereafter, the aforementioned containers were loaded aboard the M/V
CHARLESTON EXPRESS and the vessel sailed for its intended destination.
8. On or about April 8, 2013, the cargo was discharged in Rotterdam.
9. Upon delivery of the cargo to the receiver at destination, it was discovered that
the consignment was not in the same good order and condition as when received by the
defendant, but instead, had suffered physical damage during transit.
10. 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.
11. At all times relevant hereto, a contract of insurance for property damage was in
effect between Imation and IINA, which provided coverage for, among other things, loss or
damage to the consignment.
12. Pursuant to the aforementioned contract of insurance between Imation and IINA,
monies have been expended on behalf of Imation to the detriment of IINA due to the damages
sustained during transit.
13. As IINA has sustained damages as a result of said expenditures, expenditures
rightly the responsibility of the defendant and/or its agents, 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.
14. 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 $5,840.40.

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 $5,840.40, 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.