Three insurance firms—Ascot Insurance Co., Endurance American Insurance Co. and Zurich American Insurance Co.—have filed a lawsuit against Ingram Barge Co. over a maritime allision that occurred in Iberville Parish on July 22, 2023.
For those unfamiliar, “allision” is a nautical term referring to a moving vessel striking a stationary object. The incident in question involves one or more vessels owned by Ingram striking a barge owned by Slidell-based Kostmayer Construction named ORBA-1.
According to documents filed with the U.S. District Court for the Middle District of Louisiana, ORBA-1 was moored on the Mississippi River near Dow’s facility in Plaquemine when one or more vessels owned by Ingram broke loose and crashed into it. The incident caused significant damage to the barge, particularly to its spuds and spud wells.
At the time, Kostmayer had hull and machinery insurance coverage for ORBA-1 through the plaintiffs with a deductible of $50,000. Kostmayer filed a claim, and the insurers paid out $141,797.22.
With the payment, the plaintiffs became subrogated to Kostmayer’s rights and claims, meaning they could step into Kostmayer’s shoes to pursue recovery for the damages from any responsible parties.
The lawsuit, filed July 19, alleges that Ingram breached its duty to adequately secure its vessels. The plaintiffs argue that Ingram’s negligence directly caused the breakaway of the vessels and the subsequent allision with ORBA-1.
The plaintiffs are seeking to recover no less than $191,797.22—the amount paid under the insurance policy plus the aforementioned deductible amount—as well as additional damages and litigation expenses.
Based in Nashville, Tennessee, Ingram Barge Co. is a leading marine transporter on America’s inland waterways. The company’s Louisiana operations are based in Port Allen and Reserve.
