On March 22, 2014, a bulk carrier collided with a tow and two tank barges in the Houston Ship Channel and caused a release of about 168,000 gallons of fuel oil from one of the barges. Now Kirby Inland Marine, the owner and operator of the towing vessel M/V MISS SUSAN and its two barges that were involved in the collision, has filed a suit against the Shipowners Insurance and Guaranty Company, which is the guarantor for the certificate of financial responsibility with respect to the M/V SUMMER WIND, the bulk carrier owned by Sea Galaxy Marine S.A. and operated by Cleopatra Shipping Agency Ltd.

In Kirby Inland Marine vs. Shipowners Insurance and Guaranty Company filed recently in the U.S. District Court for the Southern District of Texas (Galveston Division), Kirby asserts a subrogation claim against SIGCo directly. According to the complaint, Kirby seeks to have judgment against SIGCo for all costs incurred by Kirby under 33 U.S.C. § 2702 for removal of spilled oil and claims against Kirby associated with the March 22, 2014 collision between the M/V SUMMER WIND and the M/V MISS SUSAN. In addition, Kirby seeks to have contribution from SIGCo for all costs incurred by Kirby for removal of spilled oil and claims against Kirby associated with the March 22, 2014 collision between the M/V SUMMER WIND and the M/V MISS SUSAN and post-judgment interest.

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