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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. EXPIDITORS 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: 
1:12-cv-09289 Search Pacer
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Dec 20 2012

"20. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs 1 through 19, inclusive, as if herein set forth at length.

21. While in the care of defendant and/or its agents, eight of the above containers were lost at sea.

22. While in the care of defendant and/or its agents, container number TGHU0057575 sustained severe physical damage and its contents had to be destroyed.

23. As a result of the foregoing damage, Fred's Inc. sustained a loss.

24. The damage 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.

25. At all times relevant hereto, a contract of insurance for property damage was in effect between IINA and Fred's, Inc. which provided coverage for, among other things, loss or damage to the subject containers.

26. Pursuant to the aforementioned contract of insurance, monies have been expended on behalf of Fred's Inc. to the detriment of IINA due to the damages sustained during transit.

27. 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 and/or its agents.

28. 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 $228,764.40.

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 $228,764.40, 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.

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