900200.00001/6545981v.1

BLANK ROME LLP

Attorneys for Defendant Cosco Shipping Co., Ltd. 

The Chrysler Building 

405 Lexington Avenue 

New York, New York 10174 

Tel. (212) 885-5000 

Fax. (212) 885-5001 

Thomas H. Belknap, Jr. (TB-3188) 

Matthew H. James (MJ-3286) 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------------------------------------X 

FIREMAN’S FUND INSURANCE COMPANY 07-3539 (KMK) 

as subrogee of NOVA PETROLEUM 

SPECIALTIES COMPANY, 

 

 Plaintiff, 

 -against- ANSWER TO COMPLAINT 

 

M/V “YUAN JIANG”, her engines, boilers, etc. 

and COSCO SHIPPING CO., LTD. 

 Defendants. 

---------------------------------------------------------------X 

 Defendant COSCO SHIPPING CO., LTD., by its attorneys, Blank Rome LLP, answers 

plaintiff’s complaint as follows: 

1. Admits this claim is within the Court’s admiralty and maritime jurisdiction, but 

except as admitted, denies the allegations in the first paragraph of the complaint. 

2. Denies knowledge or information sufficient to form a belief as to the truth of the 

allegations in the second paragraph of the complaint. 

3. Denies the allegations of the third paragraph of the complaint. 

4. Admits being the owner of the in rem defendant M/V “YUAN JIANG” and being 

engaged in the business of common carriage of merchandise by water for hire, but except as 

admitted, denies the allegations of the fourth paragraph of the complaint. 

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5. Denies knowledge or information sufficient to form a belief as to the truth of the 

allegations in the fifth paragraph of the complaint. 

6. Denies knowledge or information sufficient to form a belief as to the truth of the 

allegations in the sixth paragraph of the complaint. 

7. Admits cargo was carried aboard the in rem defendant M/V “YUAN JIANG” 

from Dalian, China, to Puerto Quetzal, Guatemala, on or about the dates set forth in the schedule 

attached to the complaint, but except as admitted, denies the allegations of the seventh paragraph 

of the complaint. 

8. Admits the subject shipments from Dalian, China, to Puerto Quetzal, Guatemala, 

were delivered for transport aboard the in rem defendant M/V “YUAN JIANG” in consideration 

of payment of certain freight charges, but except as admitted, denies the allegations of the eighth 

paragraph of the complaint. 

9. Denies the allegations of the ninth paragraph of the complaint. 

10. Denies the allegations of the tenth paragraph of the complaint. 

FIRST AFFIRMATIVE DEFENSE

The complaint fails to state a cause of action.

SECOND AFFIRMATIVE DEFENSE

The court lacks personal jurisdiction over defendant. 

THIRD AFFIRMATIVE DEFENSE

This is an inconvenient forum for trial and this action should be dismissed pursuant to the 

doctrine of forum non conveniens. 

FOURTH AFFIRMATIVE DEFENSE

Venue is improper in this district. 

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FIFTH AFFIRMATIVE DEFENSE

Plaintiff is not the real party in interest and lacks standing to bring this claim. 

SIXTH AFFIRMATIVE DEFENSE

Defendant is entitled to any and all defenses contained in the United States Carriage of 

Goods by Sea Act § 4(5), Ch. 229, 49 Stat. 1207 (1936), reprinted in note following 46 U.S.C. § 

30701, and/or any other applicable statute and/or convention and/or the applicable bill of lading 

and/or contract of carriage, including but not limited to the right to limit liability to $500 per 

package or customary freight unit. 

SEVENTH AFFIRMATIVE DEFENSE

Service of process in this matter has not been properly effected on defendant.

EIGHTH AFFIRMATIVE DEFENSE

To the extent the dispute between plaintiff and defendant is subject to an arbitration 

agreement, defendant reserves its rights to move to stay or dismiss this matter pending 

arbitration. 

NINTH AFFIRMATIVE DEFENSE

Plaintiff has failed to mitigate its damages. 

TENTH AFFIRMATIVE DEFENSE

If any loss or damage occurred to plaintiff’s cargo, which is denied, such loss or damage 

was caused by the pre-existing condition or inherent defects of the goods and/or the actions of 

others, including the shipper, for whose actions defendant is not responsible. 

ELEVENTH AFFIRMATIVE DEFENSE

Plaintiff’s claim is time barred and/or barred by the doctrine of laches. 

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TWELFTH AFFIRMATIVE DEFENSE

This is an improper forum as the terms and conditions of the applicable bills of lading 

require all disputes to be referred to the Courts of the People’s Republic of China. 

THIRTEENTH AFFIRMATIVE DEFENSE

If any loss or damage occurred to the cargo, which is denied, such loss or damage did not 

occur while the cargo was in the custody or control of defendant and/or other third parties over 

whom defendant exercised control or for whom defendant is either responsible or liable. 

FOURTEENTH AFFIRMATIVE DEFENSE

If any loss or damage occurred to the cargo, which is denied, such loss or damage was 

caused by the defective packing of the cargo that was performed by plaintiff and/or other third 

parties over whom defendant exercised no control and for whom defendant is neither responsible 

nor liable. 

FIFTEENTH AFFIRMATIVE DEFENSE

Plaintiff has waived any rights it may have had to recover for any loss or damage, which 

is denied, of the shipment sued upon. 

WHEREFORE, defendant Cosco Shipping Co., Ltd. prays that the Court: 

(a) dismiss the complaint herein against it, together with an award of attorneys’ fees, 

costs and disbursements in this action; and 

(b) grant such other and further relief as may be just or equitable. 

Dated: New York, New York BLANK ROME LLP 

May 25, 2007 Attorneys for Defendant Cosco Shipping Co., Ltd. 

By: s/Thomas H. Belknap, Jr. 

 Thomas H. Belknap, Jr. (TB-3188) 

Matthew H. James (MJ-3286) 

 405 Lexington Ave 

New York, NY 10174 

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