David L. Mazaroli (DM-3929) 

Attorney for Plaintiff 

11 Park Place – Suite 1214 

New York, NY 10007-2801 

Tel. (212)267-8480 

Fax. (212)732-7352 

e-mail: dlm@mazarolilaw.com 

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

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VIGILANT INSURANCE COMPANY 

 Plaintiff, 

 - against - 

M/V “CCNI CARTAGENA”, her engines, 

tackle, boilers, etc.; CCNI; COMPANIA 

CHILENA DE NAVEGACION 

INTEROCEANICA S.A; 

 Defendants. 

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ECF CASE 

07 Civ. 5910 (NRB) 

COMPLAINT 

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Plaintiff, through its undersigned attorney, alleges as follows for its complaint 

against defendants: 

 1. This is an admiralty and maritime claim within the meaning of Rule 9(h) 

with respect to the carriage of the subject cargo by sea and falls within the Court’s, 

federal question, diversity, pendent, ancillary, and supplemental jurisdiction as to the 

remaining aspects of the claim. Plaintiff seeks recovery for cargo loss and damage 

caused by defendants’ breaches of contract and torts. The amount in controversy, 

exclusive of interest and costs, exceeds $75,000.00. 

 2. Plaintiff Vigilant Insurance Company (“Vigilant”) is a New York 

corporation with its principal place of business in New Jersey and a place of business at 

55 Water Street, New York, NY. Vigilant sues herein as subrogated insurer of the cargo 

in suit, having paid the insurance claim of The Charmer Sunbelt Group, Service 

Case 1:07-cv-05910-NRB Document 1 Filed 06/21/2007 Page 1 of 3
Universal Distributors, Inc., and for and on behalf of the shipper, consignee and owner of 

the cargo as their interests may appear. 

3. Defendant Compania Chilena de Navegacion Interoceanica S.A. d/b/a 

CCNI (“CCNI”) is believed to be a corporation organized under the laws certain of a 

foreign sovereign. 

4. This Court has jurisdiction over the in personam defendant, who conducts 

business in the State of New York and the United States as a whole within the meaning of 

to Rule 4(k)(2) Federal Rules of Civil Procedure. 

5. Upon information and belief the captioned vessel is now, or will be during

the pendency of this action, within the admiralty and maritime jurisdiction of this 

Honorable Court or otherwise subject to jurisdiction pursuant to Rule 4(k)(2) Federal 

Rules of Civil Procedure. 

6. This action involves damage, including heat damage, to shipments of wine

which moved in containers INBU509384-9 and TGHU428825-3 from San Antonio, 

Chile, to New York, New York, aboard the M/V “CCNI CARTAGENA”, Voyage 

0602NB, as described more fully in CCNI bills of lading CLSAI-000038384-3 and 

CLSAI-000038415-5 dated on or about July 8, 2006, and others. (Norton Lilly Ref.: CC162) 

7. On or about July 8, 2006, as confirmed by the aforementioned bills of 

lading, the cargo was delivered into the care, custody and control of defendant CCNI who 

contracted to carry the cargo from place of receipt to the place of delivery. Although the 

cargo was in good order and condition at the place of origin, at the time of delivery by 

defendant CCNI the cargo was in damaged condition. 

8. The aforementioned loss and damage was caused by the unseaworthiness

of the carrying vessel and containers as well as defendants’ reckless failure to properly 

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Case 1:07-cv-05910-NRB Document 1 Filed 06/21/2007 Page 2 of 3
3 

and safely load, stow, carry, ventilate, protect, discharge, deliver and care for the subject 

cargo. 

 9. As a result of the foregoing, plaintiff and those on whose behalf it sues, 

has sustained damages in the amount of $105,761.28 for which defendant CCNI and the 

vessels in rem are jointly and severally liable as common carriers bailees and/or 

warehousemen for hire. 

 10. Plaintiff sues on its own behalf and as agent and trustee for and on behalf 

of anyone else who may now have or hereafter acquire an interest in this action. 

 WHEREFORE, plaintiff demands judgment against defendants CCNI and the 

vessel in rem jointly and severally in the amount of $105,761.28 together with interest at 

the rate of 9% per annum and the costs of this action and prays that this Honorable Court 

issue its process against the aforesaid vessel in rem. 

 

Dated: New York, New York 

 June 21, 2007 

 Law Offices, 

 DAVID L. MAZAROLI 

 s/David L. Mazaroli 

 __________________________ 

 David L. Mazaroli (DM3929) 

 Attorney for Plaintiff 

 11 Park Place - Suite 1214 

 New York, New York 10007 

 Tel: (212) 267-8480 

 Fax: (212) 732-7352 

 File No.: 7C-1434 

Case 1:07-cv-05910-NRB Document 1 Filed 06/21/2007 Page 3 of 3