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INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. SEA STAR LINE, LLC et al

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.

Court Type: 
Federal
US District Court: 
Middle District of Florida
Date Filed: 
Nov 20 2015

Plaintiff Indemnity Insurance Company of North America as subrogee and assignee of
Amgen Inc., by and through its attorneys Boyd Law P.A. as and for its Complaint against the above-
named defendants, alleges upon information and belief as follows:

  1. This action arises from damage to a shipment of pharmaceuticals (the “Cargo”) transported
    in part by ocean carriage from Puerto Rico to the Jacksonville, Florida in November 2014.
  2. This action is comprised of admiralty and maritime claims within the meaning of Rule 9(h)
    of the Federal Rules of Civil Procedure and this Honorable Court has jurisdiction pursuant to 28
    U.S.C. §§ 1331 and 1333.
  3. The U.S. District Court for the Middle District of Florida is the proper venue for this action
    by virtue of the forum-selection clauses contained in the relevant bills of lading, the operative terms
    and conditions of service, and/or the contracts of carriage for the shipment at issue.
  1. The above-named defendants are also subject to the personal jurisdiction of this Honorable
    Court by virtue of conducting business within and through this District, the Port of Jacksonville,
    and the State of Florida.
  2. At all times relevant hereto. Plaintiff Indemnity Insurance Company of North America
    (“UNA”) is a Pennsylvania Insurance Business Corporation, with a principle address of PO Box
    1000, 436 Walnut Street, Philadelphia, PA 19106. IINA is the insurer of Amgen Inc., and has made
    a payment to Amgen Inc. for the loss incurred that is the subject of this Complaint. IINA is fully
    subrogated and has received an assignment of Amgen Inc.’s rights concerning the deductible interest
    for the subject loss.
  3. At all times relevant hereto, Amgen Inc. was and now is a Delaware corporation or other
    business entity with an office and place of business at 1 Amgen Center Drive, Thousand Oaks, CA
    91320.
  4. At all times relevant hereto, defendant Sea Star Line, LLC (“Sea Star”), was and now is a
    Delaware limited liability company with an office and place of business at 10550 Deerwood Park
    Blvd., Suite 509, Jacksonville, FL 32256, engaged in business as a common carrier of goods for hire
    by ocean transport, and issuing bills of lading for the common carriage of goods aboard certain
    ocean-going vessels.
  5. At all times relevant hereto, defendant Portus Stevedoring LLC (“Portus”), was and now is a
    limited liability company organized and existing under the laws of the State of Florida with an office
    and place of business at 8693 Maritime Street, Jacksonville, FL 32226, and was engaged in business
    as a stevedore and operator of marine terminals and providing services such as loading and
    unloading ships and cargo, container storage, operation, and/or movement.
  6. At all times relevant hereto, defendant Duncan Enterprises, Inc. d/b/a Pegasus

Transportation, Inc. (“Pegasus”), was and now is a corporation organized and existing under the

laws of the State of Indiana with an office and place of business at 2903 S. English Station Road,
Louisville, KY 40299, and was engaged in business as a common carrier of goods for hire by road
transport.

  1. At all times relevant hereto, Amgen was the shipper, consignee, and/or owner of the cargo
    at issue in this action.
  2. In or about November 17 2014, there was delivered to Defendants a shipment of Amgen
    pharmaceuticals in good order and condition and suitable in every respect for the intended
    transportation, which Defendants received, accepted, and agreed to transport in part by ocean
    carriage from San Juan, Puerto Rico, to Louisville, Kentucky, as more fully described in Sea Star bill
    of lading no. SSL000145708 and an unknown Pegasus bill of lading.
  3. However, while the Cargo was still at the Port of Jacksonville, the refrigerated container
    SEFU9071196 (the “Container”) which held the Cargo was dropped during shifting while in the
    care, custody or control of the Defendants, damaging the Cargo.

AS AND FOR A FIRST CAUSE OF ACTION

  1. By reason of the premises, Defendant Sea Star failed to deliver the Cargo in the same good
    order and condition as it was received; were negligent and careless in their handling of the Cargo;
    breached their statutory and common-law duties and obligations as freight forwarders, common
    carriers, NVOCCs, and/or bailees of the Cargo; and were otherwise at fault.
  2. Plaintiff has duly performed all duties, obligations, and conditions precedent to be
    performed on its part.
  3. By reason of the premises, Plaintiff has sustained damages as nearly as same can now be
    estimated, no part of which has been paid, although duly demanded, in the amount of $2,009,062.68.

AS AND FOR A SECOND CAUSE OF ACTION

Case 3:15-cv-01393-HES-PDB Document 1 Filed 11/20/15 Page 4 of 5 PagelD 4

  1. IINA repeats and reiterates each and every allegation contained in this Complaint with the
    same force and effect as if set forth herein.
  2. Portus, as the party responsible for the handling, moving, or otherwise transportation of
    containers at the Port of Jacksonville, had a duty to ensure that the Container was properly loaded
    without incident following discharge.
  3. By dropping the Container during loading onto the over-the-road chassis, Portus breached
    its duty to Amgen.
  4. Amgen was the shipper of said shipment and brings this action on its own behalf and, as
    agent and trustee, on behalf of and for the interest of all parties who may be or become interested in
    the said shipment, as their respective interests may ultimately appear, and Amgen is entided to
    maintain this action!
  5. Amgen has duly performed all duties and obligations on its part to be performed.
  6. Asa result of the acts or omissions of the employees or agents of Portus, the Container was
    unreasonably handled and the Cargo was damaged.
  7. To date, damage to the Cargo can best be estimated at $2,009,062.68.

AS AND FOR A THIRD CAUSE OF ACTION

  1. IINA repeats and reiterates each and every allegation contained in this Complaint with the
    same force and effect as if set forth herein.
  2. By reason of the premises, Defendant Pegasus failed to deliver the Cargo in the same good
    order and condition as it was received; were negligent and careless in its handling of the Cargo;
    breached its statutory and common-law duties and obligations as common carriers by road
    transportation and were otherwise at fault.
  3. Plaintiff has duly performed all duties, obligations, and conditions precedent to be
    performed on its part.

4


  1. By reason of the premises. Plaintiff has sustained damages as nearly as same can now be

estimated, no part of which has been paid, although duly demanded, in the amount of $2,009,062.68.

WHEREFORE, Plaintiff prays:

i. That process in due form of law according to the practice of this Court may issue

against the Defendants, citing them to appear and answer the foregoing;

ii. That a decree may be entered in the favor of Plaintiff against Defendants, jointly and

severally, in the amount of $2,009,062.68, together with costs, interest, and attorneys

fees; and

iil. For such dther relief as this Court may deem 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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