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

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. AP Complaint

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.

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Case 1:13-cv-02029-AKH Document 1
Filed 03/26/13 Page 1 of 5
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Martin F. Casey lanine E. Brown CASEY & BARNETT, LLC 65 West 361'1 Street, 91'1 Floor New York, New York 10018 (212)286-0225 Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a/s/o MUELLER WATER PRODUCTS, INC., Plaintiff, - against AP MOLLER-MAERSK A/S d/b/a MAERSK LINE, Defendant. -X Plaintiff, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a/s/o MUELLER WATER PRODUCTS, INC., by and through its attorneys, Casey & Barnett LLC, as and for its Complaint, alleges upon information and belief as follows: JURISDICTION 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. PARTIES 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 1133 Avenue of the Americas, New York, New York 10036, and is the
Case 1:13-cv-02029-AKH Document 1 Filed 03/26/13 Page 2 of 5
subrogated underwriter of two consignments of pipes laden on board the M/V MAERSK MONTANA and M/V MAERSK DRUMMOND, as more specifically described below. 3. At all material times, MUELLER WATER PRODUCTS, INC. (hereinafter
"Mueller" or "Plaintiff) 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 1200 Abernathy Road, N.E., Suite 1200, Atlanta, Georgia 30328 and was the owner/consignee of two consignments of pipes laden on board the M/V MAERSK MONTANA and M/V MAERSK DRUMMOND, as more specifically described below. 4. At all material times, defendant, AP MOLLER-MAERSK A/S d/b/a MAERSK
LINE (hereinafter "Maersk") 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 2 Giralda Farms, Madison Avenue, Madison NJ 07940 and at all relevant times, was and is still doing business within the jurisdiction of this Honorable Court as a common carrier. 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 consignments, as their respective interests may ultimately appear, and plaintiff is entitled to maintain this action. AS AND FOR A FIRST CAUSE OF ACTION 6. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
paragraphs 1 through 5, inclusive, as if herein set forth at length. 7. In March 2012, a consignment consisting of 4 ductile iron pipes, laden in
container number MSKU4516921, then being in good order and condition, was delivered to the M/V MAERSK MONTANA and to Maersk and/or its agents in Savannah, Georgia in
Case 1:13-cv-02029-AKH Document 1 Filed 03/26/13 Page 3 of 5
consideration of an agreed upon freight, pursuant to Maersk bill of lading number MAEUGPJ05693, for transportation to Bahrain. 8. Thereafter, the aforementioned consignment was loaded aboard the M/V
MAERSK MONTANA and the vessel sailed for its intended destination. 9. Bahrain. 10. Upon discharge and delivery, it was discovered that the pipes laden in container On or about April 22, 2012, container number MSKU4516921 was discharged in
number MSKU4516921 had sustained physical damage during transit and required repair. 11. As a result of the foregoing, Plaintiff sustained a loss of $5,008.96 for the
consignment in container number MSKU4516921. 12. The loss sustained by Plaintiff 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 and/or its agents. AS AND FOR A SECOND CAUSE OF ACTION 13. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs 1 through 12, inclusive, as if herein set forth at length. 14. On or about March 16, 2012, a consignment consisting of 4 ductile iron pipes,
laden in container number PONU3039090, then being in good order and condition, was delivered to the M/V MAERSK DRUMMOND and to Maersk and/or its agents in Savannah, Georgia in consideration of an agreed upon freight, pursuant to Maersk bill of lading number MAEUGPJ105710 dated March 16, 2012, for transportation to Bahrain. 15. Thereafter, the aforementioned consignment was loaded aboard the M/V
MAERSK DRUMMOND and the vessel sailed for its intended destination.
Case 1:13-cv-02029-AKH Document 1 Filed 03/26/13 Page 4 of 5
16. Bahrain. 17.
On or about April 29, 2012, container number PONU3039090 was discharged in
Upon discharge and delivery, it was discovered that the pipes laden in container
number PONU3039090 sustained physical damage during transit and required repair. 18. As a result of the foregoing, Plaintiff sustained a loss of $5,014.65 for the
consignment in container number PONU3039090. 19. The loss sustained by Plaintiff 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 and/or its agents. WHEREFORE, Plaintiff prays: 1. That process in due form of law may issue against Defendant citing it to appear
and answer all and singular the matters aforesaid; 2. That judgment may be entered in favor of Plaintiff against Defendant for the
amount of Plaintiffs damages in the amount of at least $10,023.61, together with interests, costs and the disbursements of this action; and 3. proper. That this Court grant to Plaintiff such other and further relief as may be just and
Case 1:13-cv-02029-AKH Document 1
Filed 03/26/13 Page 5 of 5
Dated: New York, New York March 26, 2013 115-1266/1267
CASEY & BARNETT, LLC Attorneys for Plaintiff
By:
lanfifi F. Ca Mar*fh Casey Janine E. Brown 65 West 36th Street, 9th Floor New York, New York 10018 (212) 286-0225
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D.E.1 COMPLAINT against AP Moller-Maersk A:S. (Filing Fee $ 350.00, Receipt Number 465401063507)Document filed by Indemnity Insurance Company of North America.pdf1.22 MB

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