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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. MSC MEDITERRANEAN SHIPPING COMPANY S.A.

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-06060 Search Pacer
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Aug 8 2012

"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, 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 140 Broadway, 40th Floor, New York, New York 10005 and is the subrogated cargo underwriter of ARCHITECTURAL STONE IMPORTS, INC., the purchaser and/or owner of a consignment of marble slabs, as more specifically described below.

3. At all material times, ARCHITECTURAL STONE IMPORTS, INC., was and is a corporation with an office and place of business located at 301 Foothills Place, Chelsea AL 35043 and was the purchaser and/or owner of the consignment of marble that is the subject matter of this litigation.

4. At all material times, Defendant, MSC MEDITERRANEAN SHIPPING COMP ANY S.A. (hereinafter "Defendant" or "MSC"), was and is a foreign corporation with an office and place of business located at 420 Fifth Avenue, New York, New York 10018 and owns, operates, manages and/or charters ships, including the MN MSC ENGLAND, that operate between various foreign and domestic ports and, in particular, within this district and was the owner, owner pro hac vice, charterer, manager and/or operator of the MN MSC ENGLAND, and at all relevant times, was and is still doing business within the jurisdiction of this Honorable Court.

5. This is a claim for physical damage to a consignment of 18 crates of marble, which was delivered into the care and custody of MSC MEDITERRANEAN SHIPPING COMPANY S.A. and/or its agents, in good order and condition to be carried from La Spezia, Italy to Houston, TX on M/V MSC ENGLAND pursuant to bill of lading number MSCUL 7383114, dated August 15, 2011.

6. On or about August 15,2011, the consignment was loaded aboard the M/V MSC NEW ENGLAND at La Spezia and the vessel departed for its intended destination.

7. Upon discharge of the marble, it was discovered that 13 of the 18 crates of the marble were not in the same good order and condition as when received by Defendant, but instead had suffered physical damage during transit.

8. Defendant, MSC MEDITERRANEAN SHIPPING COMPANY S.A., had a duty to carefully handle, transport, care for and deliver the cargo to the consignee in the same good order and condition as when received.

9. 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.

10. By reason of the foregoing, Plaintiff has been damaged in the amount of $11,688.59 as nearly as presently can be estimated; no part of which has been paid, although duly demanded."

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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