Zurich American Insurance Company has launched a lawsuit in New York seeking to recover more than half a million dollars after containers of goods tumbled from a Mediterranean Shipping Company (MSC) vessel off the coast of South Africa.
The case highlights the risks associated with containerized shipping and the role of marine insurers when accidents occur at sea.
The insurer filed its complaint on August 27 in the US District Court for the Southern District of New York, claiming it paid out $530,819.67 to clients Yokohama Off-Highway Tires America and Camfil USA after their shipments were lost at sea. Zurich is now demanding MSC cover the loss, alleging breach of contract, negligence, and failure to properly safeguard the cargo.
According to the filing, the goods were loaded aboard the containership MSC Antonia in July 2024 under MSC’s bill of lading. The vessel was scheduled to make calls at US East Coast ports, including the Port of New York & New Jersey. But on or about August 28, 2024, as the ship sailed near South Africa, multiple containers went overboard, including those belonging to Zurich’s insureds.
Zurich said its clients had delivered the cargo “in good order and condition” and that MSC accepted it without objection, agreeing to carry and deliver the shipments in the same state. The insurer argued the loss occurred while the cargo was in MSC’s custody and contends that the shipping line failed to exercise due diligence in providing a seaworthy vessel or protecting the goods.
Having indemnified its clients, Zurich asserted it is subrogated to their rights and entitled to pursue MSC directly. In addition to damages, the insurer is asking the court to allow for the possible arrest and sale of the MSC Antonia to satisfy any judgment.
