Louisiana Record

Monday, October 14, 2019

Lawsuit seeks recovery of barge collision expenses

By Robert Hadley | Dec 22, 2015

NEW ORLEANS – A Louisiana barge firm that hauls oil and its primary insurer says the costs of oil recovery after a bridge collision should be covered under another policy with Cargo Underwriters.

Nature’s Way Marine LLC and underwriters subscribing to two P&I insurance policies (HPI-12-130322 and MUS333398-12-1) filed a lawsuit Dec. 14 in U.S. District Court for the Eastern District of Louisiana against underwriters subscribing to Cargo Underwriters policy B0180P133593.

According to the complaint, a vessel owned by the plaintiff, the marine vessel Nature’s Way Endeaver collided with the Vicksburg River Bridge on Jan. 29, 2013. P&I Insurance has settled the claim for $2 million to Third Coast Towing, the bridge’s owners, and $106,350 to Nature’s Way. In dispute, however, is $1 million P&I paid for recovery of debris and oil the plaintiff claims should have been covered under the Cargo Underwriters policy.

The plaintiffs seek reimbursement for the amount it alleges Cargo Underwriters should have paid for extra expenses. They are represented by attorneys Harry E. Morse, Kelley A. Sevin and Emmitt L. DuBose III of New Orleans firm Duncan & Sevin LLC.

U.S. District Court for the Eastern District Case number 2:15-cv-06744

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Duncan & Sevin LLC

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