Chubb Insurance Sues Seaboard Marine After Dragon Fruit Shipment Destroyed En Route to Miami
Chubb Insurance Hong Kong Ltd., as subrogee of Ecuador-based produce exporter Mucha Fruits, has filed a maritime cargo loss lawsuit against Seaboard Marine Ltd. in the Southern District of Florida. The lawsuit, filed under Case No. 1:25-cv-25683, alleges that Seaboard and its subcontractors failed to safely deliver a shipment of fresh dragon fruit to Miami, resulting in over $66,000 in damages.
Shipment of Fresh Dragon Fruit Destroyed After Truck Overturns in Ecuador En Route to Seaboard Vessel
According to the complaint, Mucha Fruits arranged for the transport of 22 pallets—containing 3,439 boxes—of fresh dragon fruit from Medio El Oro Machala, Ecuador, to Miami, Florida. The shipment was to be carried under a Seaboard Marine Bill of Lading, with the cargo scheduled to sail aboard the Seaboard Explorer. Seaboard subcontracted Citikold, which then engaged its subsidiary Atcotrans to handle the inland portion of the transport to the vessel.
On June 4, 2025, while en route to the port, the Atcotrans truck overturned due to what the complaint describes as an “improperly secured container attachment.” As a result, the refrigerated container was destroyed, and the entire fruit shipment was either crushed or deemed unsellable. None of the cargo made it onto the ship or reached the U.S. market.
Chubb Paid Insurance Claim for Total Cargo Loss and Now Seeks Reimbursement from Seaboard
As the insurer for Mucha Fruits, Chubb Insurance reimbursed the shipper for the full insured value of the lost cargo, totaling $66,937.20. Chubb now seeks to recover that amount from Seaboard Marine, asserting multiple legal theories of liability under maritime law, including violations of the Carriage of Goods by Sea Act (COGSA), breach of bailment, negligence, and breach of contract.
The complaint alleges that the shipment was received in good condition by Seaboard’s agents and that the cargo’s destruction was entirely due to improper handling during the inland leg of the transportation process—specifically the failure to safely secure the cargo container to the delivery truck.
Lawsuit Asserts Liability Under COGSA, Negligence, Bailment, and Contract Law
The complaint includes four counts:
- Violation of COGSA: Alleging Seaboard Marine, as a carrier, failed to deliver the cargo to its destination, violating 46 U.S.C. § 30703 governing the liability of ocean carriers for cargo loss or damage during transport.
- Breach of Bailment: Claiming that Seaboard and its agents acted as bailees and failed to deliver the cargo in the condition it was received.
- Negligence: Asserting that Atcotrans (and by extension Seaboard) breached their duty to properly secure the container and safely transport the cargo to the vessel.
- Breach of Contract: Alleging that Seaboard failed to perform under the Bill of Lading agreement, causing total loss of cargo before it ever reached the ship.
The complaint specifically identifies Seaboard’s liability for the actions of its agents and subcontractors, including Citikold and Atcotrans, and notes that all the damage occurred while the cargo was in their control.
Chubb Seeks Full Recovery for Dragon Fruit Shipment Lost Before Departure
Chubb is requesting a monetary award equal to the full amount paid under the insurance policy to Mucha Fruits—$66,937.20—as well as any further relief deemed appropriate by the court. The case is being litigated in the Southern District of Florida pursuant to a forum selection clause in Seaboard Marine’s Bill of Lading terms.
Contact a Maritime Cargo Loss Lawyer for Claims Under COGSA or Multimodal Shipping Contracts
If your company has experienced a cargo loss during international maritime or multimodal transport, you may have legal recourse under COGSA or other federal maritime laws. Carriers and their agents are responsible for ensuring safe delivery of goods from origin to destination. Our team has extensive experience representing cargo owners, insurers, and shippers in complex international shipping disputes.
Contact us now to speak with a maritime cargo loss attorney.
Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
