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

NGUYEN et al v. AMERICAN COMMERCIAL LINES, INC. 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.

Case Number: 
2:11-cv-01799 Search Pacer
Opposing Party: 
Chuc Nguyen
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Jul 25 2011

"COUNT ONE"

1. The "responsible party", ACL, has caused damage to the petitioners herein pursuant to 33 U.S.C. 2702 (b) (2) (B), (C) and (E), as well as other provisions of law.

2. That ACL is strictly liable for the following damage amounts to these petitioners, which include but are not limited to damages pursuant to 33 U.S.C.A. Sec. 2702 (a) (2) (B), (C) and (E), constituting damages to real or personal property, loss of subsistence use of natural resources and damages associated with loss of profits or impairment of earning capacity"

"COUNT TWO

DIRECT ACTION AND LIABILITY OF INSURERS
8. That ABC Insurance and/or Indemnity Company and Indemnity Insurance Company of North America, (Insurers) are named in suit as joint, several and in solido defendants herein pursuant to the "Louisiana Direct Action Statute".

9. That these Insurers issued policies of liability and/or indemnity insurance to ACL and/or named ACL as an additional insured under policies procured by others and said policies cover the damages claimed by the petitioners herein. As such, they are directly liable to the petitioners herein for the damages caused to petitioners by ACL's oil.

COUNT THREE

DEFENDANT INSURERS UNFAIR TRADE PRACTICES, BAD FAITH AND BEHAVIOR WHICH IS ARBITRARY, CAPRICIOUS AND WITHOUT PROBABLE CAUSE

10. The Insurers of ACL have engaged and continue to engage in conduct which is in violation of the Louisiana Unfair Insurance Trade Practices Act, as well as other legislative enactments prohibiting insurance companies from engaging in conduct which unnecessarily delays the payments of claims to parties who have sustained damages suchas those pled in this case. One of the primary and main purposes of the enactment of OPA was to provide strong incentive to the discharger of oil to provide prompt compensation. Likewise, one of the primary legislative intents in enacting the Louisiana Unfair Trade Practices Act was to provide prompt compensation to those persons whose proprietary interests were damaged.

11. That the petitioners herein have proprietary rights, which were damaged by the actions of ACL. That the Insurers of ACL have full knowledge of the fact that their insured is strictly responsible for the payment of damages for the proprietary rights of the petitioners, yet they have intentionally and purposely refused and delayed the payment of any of these proprietary damages and/or a portion thereof to the petitioners herein.

12.  That ACL appointed as their agent Worley Catastrophe Response, LLC, (Worley), and that agent, acting as a claims manager, and in collusion with the Insurers of ACL, have intentionally ignored, delayed and refused to authorize payment of any claims or any portion thereof for any claimants herein.

13.That Worley Catastrophe Response, LLC (Worley) has handled many claims for oil spill related damages on other previous occasions, in this parish and state and is presently the designated agent for British Petroleum, in the latest act of pollution of Louisiana wetlands and waterways.

14. That Worley Catastrophe Response, LLC (Worley), in collusion with the Insurers herein, has acted in an incongruous and indifferent manner in the handling of these claimants claims, as compared to claims which generate more publicity and media attention. Such behavior is indicative of ACL's Insurers engaging in a direct "stonewalling" on the payment or partial payment of claims herein.

15. That pursuant to La. R.S. 22:1892, these Insurers failed to initiate loss adjustment of these proprietary claims. Additionally, these Insurers/defendants failed to make a written offer to settle these proprietary damage claims, within the time limits allowed by law and, thus, are liable for penalties of an additional Fifty Percent (50%), costs and attorneys fees, as a result of their conduct, in the handling of these claims.

WHEREFORE, petitioners request that this Honorable Court grant a judgment in their favor and against the defendant's, American Commercial Lines, Inc., ABC Insurance/Indemnity Company and Indemnity Insurance Company of North America, holding them liable jointly severally and in solido for the amounts prayed for herein, including penalties, attorneys fees and costs, as well as all general and equitable relief based on the premises."

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.

Javascript is required to view this map.