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Fed'l Ins. Co. v. Gander & White Shipping Inc.

Issues Exist Over 'Collection Notice' in Subrogation Case Over Damaged Artworks

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OPINION & ORDER Plaintiff Federal Insurance Company (“FIC”) brings this action against Defendant Gander & White Shipping, Inc. (“Gander”) alleging breach of contract and negligence in connection with the removal, transportation, and shipment of three works of fine art. Defendant filed a motion to dismiss the claims. For the reasons set forth below, Defendant’s motion to dismiss is DENIED. BACKGROUND The following facts are taken from allegations contained in Plaintiff’s Complaint and are presumed to be true for purposes of this motion. On December 13, 2018, Lisa Abelow Hedley (“Hedley”), entered into an agreement with Gander to pack, remove, and transport three works of art by Donald Moffett (“Moffett Works”) from Florida to New York City. See Complaint (ECF No. 1) at 8. Gander’s employees and/or agents packed the Moffett Works and removed them from Hedley’s house and placed them in a motor vehicle for transportation to a Gander facility. Id. at

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