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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. UPS GROUND FREIGHT 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: 
3:13-cv-01088 Search Pacer
Court Type: 
Federal
US District Court: 
Northern District of California
Date Filed: 
Mar 11 2013

"1. Plaintiff INDEMNITY INSURANCE COMPANY OF NORTH AMERICA ("INA") is now, and at all times herein material was, a corporation duly organized and existing by virtue of law and was the insurer of the hereinafter described cargo shipment.

2. Plaintiff is informed and believes and on the basis of that information and belief alleges that UPS GROUND FREIGHT, INC. dba UPS FREIGHT ("UPS") is now, and at all times herein material was, a Virginia corporation duly organized and existing by virtue of law, and was engaged in business as a common carrier for interstate hire within the geographical boundaries ofthe Northern District of California.

3. Plaintiffs complaint alleges a cause of action for damage to cargo during interstate motor carriage, and thereby pleads this matter under the Carmack Amendment, codified at 49 U.S.C. section 14706. This Court has subject matter jurisdiction pursuant to 28 U.S.C. section1331. Defendant operates in this district and venue is therefore proper under 49 USC 14706(d)(l).

4. Plaintiff is informed and believes and on the basis of such information and belief alleges that on or about May 25, 2012, at Memphis, TN, defendant UPS received 557 cartons of of drugs and medicines owned by plaintiffs insured GE Healthcare, for motor truck carriage. Defendant agreed, under contracts of carriage and in return for good and valuable consideration, to carry said cargo from Memphis, TN to Eden Prairie, MN, and there deliver said cargo in the same good order, condition, and quantity as when received.

5. Plaintiff is informed and believes and thereon alleges that in breach of said agreements, defendant UPS failed to deliver the cargo in the same good order, condition, and quantity as when received at Memphis. Instead, GE Healthcare's medicines were lost and/or  damaged during motor truck carriage.

6. Prior to the shipment of the herein described cargo and prior to any loss thereto, plaintiffs INA issued its policy of insurance whereby it agreed to indemnify the owner of said cargo, and its assigns, against loss of or damage to said cargo while in transit, and INA has therefore become obligated to pay and has paid to the persons entitled to payment under said policy, the amount of $398,068.28 on account of the herein described loss.

7. Following the loss, the owner of the cargo assigned to INA all claims, actions, causes of action, or rights of recovery that it has and continues to have against any and all third parties for damage to the cargo, which specifically includes its right to recover the damages it suffered in the amount of$398,068.28, which represents the net amount of the loss, including the insured's deductible interest of$50,000, following reasonable salvage and remediation efforts. The owner of the Cargo, and its assignee and subrogee INA have therefore been damaged in the sum of $398,068.28."

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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