ONE Apus claims wending their way through US legal system

A sequence of legal cases involving just a few of the nearly 2,000 containers lost overboard by the ONE Apus (IMO 9806079) in late 2020 are working their way through the US courts, perhaps indicating that losses incurred by owners of cargo in lost containers could take up the time of courts for many years to come, reported Freightwaves.

The ONE Apus lost 1,816 containers overboard after hitting heavy seas in the north Pacific and. It was the worst of several container-overboard losses that winter. It took some time, but by the third quarter of 2021 the court cases started.

All-Ways Forwarding has filed suit against ONE, HMM and Patson Logistics and other entities in relation to just four containers lost from the One Apus holding cargo, with an aggregate value of $383,221. All-Ways contracted to move the cargo through ONE, HMM (which had a slot charter agreement with ONE) and Patson, a non-vessel operating common carrier (NVOCC) that booked the cargo on the ONE Apus. All-Ways is suing to pass along damages should it — as an NVOCC — be held liable by its own customers.

In a separate case, XL Insurance and Nexus Underwriting, along with communications equipment manufacturer Humax Co, filed suit on December 1st against All-Ways, Kuehne+Nagle and carrier Yang Ming – the latter, like HMM, having slots on the ONE Apus. The action related to five containers of cargo that were damaged or lost, with a total value of $3m.

In November 2021 Starr Indemnity & Liability, Liberty Mutual and Travelers sued plaintiffs including Kuehne+Nagle and All-Ways related to more than a dozen lost boxes aboard the ONE Apus, with a total value of $1.7m.

A separate case was filed by Bob’s Furniture involving six other containers on the ship with a total cargo value of $454,046. The defendants included All-Ways and Yang-Ming.

2019-built, Japan-flagged, 146,694 gt One Apus is owned by Chidori Ship Holding LLC care of NYK Line of Tokyo, Japan. ISM manager is NYK Shipmanagement Pte of Singapore. It is entered with Japan Club (Singapore office in charge) on behalf of Chidori Ship Holding LLC.