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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. JK LOGIS 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-05445 Search Pacer
Opposing Party: 
JK Logis Inc.
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Jul 13 2012

"Plaintiff, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a/s/o ASIAN TIGERS TRANSPACK CO. LTD. - KOREA, by and through its attorneys, Casey & Barnett, LLC, as and for its Complaint, alleges upon information and belief as follows:

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.

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 140 Broadway, 40lh Floor, New York, New York, 10005 and is the subrogated insurance underwriter of ASIAN TIGERS TRANSPACK CO. LTD. - KOREA, the owner and/or custodian of a consignment of household goods, as more specifically described below.

3. At all material times, ASIAN TIGERS TRANSPACK CO. LTD. - KOREA (hereinafter "Transpack") 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 #901, Hoseo Univ. Venture Tower, 319, Kasan-dong, Keumchun-ku, Seoul 153-802, Korea and was the owner and/or custodian of the consignment of household goods that is the subject matter of this litigation.

4. At all material times, JK LOGIS, INC. (hereinafter "JK Logis" or "defendant") was and is a corporation with an office and place of business located at 147-32 Farmers Blvd. 1 st Fl. #1, Jamaica, NY 11434, and was at all times acting in the capacity of a common calTier 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 June 28, 2011, a consignment, consisting of 105 pieces household goods laden into container CCLU3414114, then being in good order and condition, was delivered to defendant JK Logis and/or its agents at the port of Busan, Korea, for transportation to Chicago, Illinois, via Los Angeles, California, in consideration of an agreed upon freight, pursuant to JK Logis bill of lading number NURICHI 11 06044BS dated June 28, 2011.

7. Thereafter the container was loaded on board the M/V XIN OU ZI-IOU and JK Logis bill of lading number NURICHIl106044BS was issued and the vessel sailed for her intended destination.

8. Upon delivery on or about September 8, 2011, and as a result of the foregoing, 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 damage during transit due to water exposure and mishandling.

10. As a result of the damages sustained to the shipment, Transpack sustained a loss.

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.

12. At all times relevant hereto, a contract of insurance for property damage was in effect between Transpack and IINA, which provided coverage for, among other things, loss or damage to the consignment.

13. Pursuant to the aforementioned contract of insurance between Transpack and IINA, monies have been expended on behalf of Transpack 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 been 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 $15,537.57.

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 $15,537.57, 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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