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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INDEMNITY INSURANCE COMPANY 

OF NORTH AMERICA, 

 Plaintiff, 

 - against - 

M/V “LONDON EXPRESS”, her engines, 

tackle, boilers, etc.; HAPAG-LLOYD 

CONTAINER LINIE GMBH; HAPAGLLOYD CONTAINER LINE; HAPAGLLOYD (AMERICA) INC.; 

 Defendants. 

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ECF CASE 

07 Civ. 3374 (GEL) 

COMPLAINT 

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

against defendants: 

 1. This action involves 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 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. 

 2. Plaintiff Indemnity Insurance Company of North America sues herein as 

the subrogated insurer of the cargo in suit, having paid the insurance claim of Gold 

Case 1:07-cv-03374-GEL Document 1 Filed 04/27/2007 Page 1 of 3
Harbor Commodities, Inc., and for and on behalf of the shipper, consignee and owner of 

the cargo as their interests may appear. 

3. The captioned defendants are believed to be corporations organized under

the laws of foreign sovereigns or one of the fifty states. Upon information and belief 

defendants are engaged in the business of common carriers, bailees, warehousemen, 

and/or the provision of services related to such activities, and conduct such business with 

respect to shipments to, from and within the State of New York and the United States as a 

whole within the meaning of Rule 4(k)(2) Federal Rules of Civil Procedure. 

4. 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 is otherwise subject to jurisdiction pursuant to Rule 4(k)(2) Federal 

Rules of Civil Procedure. 

5. This action involves loss and damage to a shipment of 2,205 cartons of 

fresh fruits, including apples and pears, which moved, or was intended to move, in 

containers HLCU4775116 and HLXU6703050 aboard the M/V “LONDON EXPRESS”,

Voyage 38E48, from Seattle, Washington, to Buenaventura, Colombia, as described more 

fully in Hapag-Lloyd bill of lading HLCUHO1041215670 dated on or about December 

20, 2004, and others (Hapag-Lloyd Ref.: 58922) 

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

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

load, stow, carry, discharge, deliver and care for the subject cargo, and their unreasonable 

deviation from the terms of the contract of carriage. 

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Case 1:07-cv-03374-GEL Document 1 Filed 04/27/2007 Page 2 of 3
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 7. As a result of the foregoing, plaintiff and those on whose behalf it sues, 

has sustained damages in the amount of $13,996.60 for which defendants are jointly and 

severally liable as common carriers bailees and/or warehousemen for hire. 

 8. 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 jointly and 

severally in the amount of $13,996.60 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 

 April 26, 2007 

 LAW OFFICES, 

 DAVID L. MAZAROLI 

 s/David L. Mazaroli

 _____________________________ 

 David L. Mazaroli (DM 3929) 

 Attorney for Plaintiff 

 11 Park Place - Suite 1214 

 New York, New York 10007 

 Tel.: (212)267-8480 

 Fax.: (212)732-7352 

 E-mail: dlm@mazarolilaw.com 

 File No.: 5G-1229 

Case 1:07-cv-03374-GEL Document 1 Filed 04/27/2007 Page 3 of 3