Continental Insurance Co. v. CLX Services, Circle International Inc., Arrow Trucking of California Inc.
Published: May 18, 2004 | Result Date: Oct. 15, 2003 | Filing Date: Jan. 1, 1900 |Case number: 8424260 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Vijay K. Toke
(Pillsbury, Winthrop, Shaw & Pittman LLP)
Defendant
Rex M. Clack
(Sterling Clack & Russo)
Experts
Plaintiff
Frank Daley
(technical)
Richard Bernes
(technical)
Defendant
Michael Haugh
(technical)
Facts
In February 2001, 963 cartons of telephone equipment were shipped to the San Jose company Teledex. The shipment was transported by ship from Malaysia to Oakland in a single container and arrived in good order. Defendant CLX/Circle International Inc. contracted with defendant Arrow Trucking Co. to transport the cargo inland to San Jose. Arrow transported the cargo to its yard where the entire container load of cargo was stolen. The thieves were not identified and the cargo was never recovered. Teledex insured the shipment with plaintiff Continental Insurance Co.
Settlement Discussions
The plaintiff's demand was $280,547. CLX/Circle made a C.C.P. Section 998 offer of $5,500 and Arrow's offer was C.C.P. Section 998 of $25,000.
Damages
The plaintiff sought recovery of $280,547, the full amount of payment under its policy to Teledex for the loss.
Result
The jury found defendants were not negligent in the loss of the cargo and thus were not liable under COSGA's Q-Clause.
Deliberation
1.75 hours
Poll
9-3
Length
six days
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