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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. UNITED PARCEL SERVICE, 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: 
1:11-cv-06648 Search Pacer
Opposing Party: 
Indemnity Insurance Company of North America
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Sep 22 2011

"Plaintiff, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, by and through its attorneys, Casey & Barnett, LLC, as and for its Complaint, alleges upon information
and belief as follows:

1. This action arises out of the Montreal Convention, a Treaty to which the United States is a signatory. Jurisdiction is predicated upon 28 U.S.C. §1331.

2. At all material times, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (hereinafter "UNA" or "Plaintiff) was and is a corporation with an office and place of business located at 140 Broadway, 40th floor, New York, New York, 10005 and is the subrogated insurance underwriter of INVUE SECURITY PRODUCTS, INC., the owner of a consignment of Key Fobs, as more specifically described below.

3. At all material times, INVUE SECURITY PRODUCTS, INC. (hereinafter "ISP") 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 B.V. / DC Helleman Voltasstraat 20, Numansdorp, 3281NG, Netherlands and was the owner of the consignment of Key Fobs that is the subject matter of this litigation.

4. At all material times, defendant UNITED PARCEL SERVICE, INC. (hereinafter "UPS") was and is a corporation with an office and place of business located at 11008 Warwick Blvd, Newport News, VA 2301 and 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 September 01, 2010 a consignment consisting of 80 packages of Key Fobs, was delivered to the Defendant UPS at Jing Sha Gang, Shi Xia Village Dalang, China for transportation to Numansdorp, Netherlands, in consideration of an agreed freight, pursuant to air waybill of lading number 1Z2973YV6740908264 and UPS Shipment ID 2973TVFYSLK, dated September 01, 2010.

7. On or about September 03, 2010 a transportation accident occurred in Dubai, United Arab Emirates, causing the loss of the consignment of 80 packages of Key Fobs.

8. As a result of the non-delivery of the consignment of 80 packages of Key Fobs, Plaintiff sustained a loss.

9. In accordance with the provisions of the Montreal Convention, written notice of the loss was provided to UPS within the time set forth in the Convention.

10. The loss of 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, and breach of contract of carriage on the part of the defendants.

11. At all times relevant hereto, a contract of insurance for property damage was in effect between ISP and IINA, which provided coverage for, among other things, loss or damage to this consignment of Key Fobs.

12. Pursuant to the aforementioned contract of insurance between ISP and IINA, monies have been expended on behalf of ISP to the detriment of IINA due to the losses sustained during transit.

13. As IINA has sustained damages as a result of said expenditures, expenditures rightly the responsibility of the defendants, IINA has an equitable right of subrogation and is surrogated, to the extent of its expenditures, to the rights of its insured with respect to any and all claims for damages against the defendants.

14. 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 $79,360.00.

WHEREFORE, Plaintiff prays:

1. That process in due form of law may issue against defendants citing them to appear and answer all and singular the matters aforesaid;

2. That judgment may be entered in favor of plaintiff against defendants for the amount of plaintiffs damages in the amount of at least $79,360.00, 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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