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Hartford Fire Insurance Co. v. Novocargo USA Inc.

Common carrier and subcontracting carrier are jointly, severally liable for damage to cargo.

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Judge Pauley

HARTFORD FIRE INSURANCE CO. v. NOVOCARGO USA INC. — In this multiparty admiralty action, plaintiffs seek to recover damages caused to a shipment of furniture during and after a voyage from Valencia, Spain to the Port of New York. Plaintiffs assert that the cargo was damaged when an aircraft tow tractor fell on the container carrying the cargo during a storm at sea, and sustained further damage as a result of post- discharge exposure and devanning. After a one day bench trial and consideration of the parties’ voluminous post-trial submissions, this Court finds that: (1) defendants Novocargo USA Inc. (“Novocargo”) and Senator Lines GmbH (“Senator”) are jointly and severally liable to plaintiffs for the damage to the cargo caused by the aircraft tow tractor; (2) third-party defendant Global Terminal & Container Services, Inc. (“Global”) is directly liable to plaintiffs for all post-discharge damage; (3) Novocargo is entitled to full indemnity from Senator; and (4) Senator is entitled to full indemnity from defendant United Arab Shipping Co. (S.A.G.) (“United Arab”).

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