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INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. MEDITERRANEAN SHIPPING COMPANY, S.A. (3-15-2015)

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Case Number: 
1:15-cv-02027 Search Pacer
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Mar 18 2015

Plaintiff, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a/s/o BAY
STATE WINE CO., 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.
2. Venue in this district is proper as defendant's bill of lading - the contract of
carriage for plaintiffs cargo, mandates that exclusive jurisdiction for disputes rests with this
Court.

PARTIES
3. At all material times, plaintiff 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 Wine laden on board the M/V MSC CHALLENGER, as more specifically
described below.
4. At all material times, Bay State Wine Co., Inc. (hereinafter "Bay State" or
"Plaintiff) was and is a corporation with an office and place of business located at 40 Robbie
Road, Avon, MA 02322, and is the cargo receiver and owner of a consignment of Wine laden on
board the M/V MSC CHALLENGER, as more specifically described below.
5. At all material times, defendant, Mediterranean Shipping Company S.A.
(hereinafter “MSC” or “defendant”) was and is a foreign corporation with an office and place of
business located at 420 Fifth Avenue, New York, New York 10018 and at all relevant times, was
and is still doing business in this jurisdiction and was at all relevant times the owner and/or
operator of the M/V MSC CHALLENGER.
6. 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.

AS AND FOR A CAUSE OF ACTION
7. On or about June 25, 2014, at Cape Town, South Africa there was delivered to
defendant and/or its agents, a consignment consisting of 1330 cases Wine, all laden in container
number MSCU 7691512, then being in good order and condition, which said defendant received
and accepted and in consideration of certain freight charges thereupon paid or agreed to be paid,
agreed to transport and carry the said consignment to New York, New York.
8. Defendant received the subject consignment on or about June 25, 2014, and
issued bill of lading number MSCUDP811245 dated June 25, 2014.
9. On or about July 18, 2014 the vessel arrived in New York and the subject
container discharged onto the marine terminal.
10. When the container was thereafter delivered to the designated receiver and the
cargo removed, it was discovered that certain cartons had sustained wetting damage due to a hole
in the container. A total of 260 cases of Wine, valued at 14,756.88 were determined to be
damaged and were destroyed.
11. Asa result, plaintiff sustained a loss of no less than $14,756.88.
12. 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.
13. At all times relevant hereto, a contract of insurance for property damage was in
effect between Bay State with IINA, which provided coverage for, among other things, loss or
damage to the subject consignment.
14. Pursuant to the aforementioned contract of insurance between Bay State and
IINA, monies have been expended on behalf of Bay State to the detriment of IINA due to the
damages sustained during this transit.
15. As IINA has sustained damages as a result of said expenditures, expenditures
rightly the responsibility of defendants, IINA has an equitable right of subrogation and is
subrogated, to the extent of the expenditures, to the rights of its insured with respect to any and
all claims for damages against the defendant.
16. 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 $14,756.88.

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 $14,756.88, 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.