Sea Trade Maritime Corp. v. Marsh USA, Inc.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered October 21, 2013, which granted defendant’s motion to dismiss the complaint with prejudice, unanimously affirmed, with costs.

While in a port in Sri Lanka in May 1997, plaintiffs ship suffered damage as a result of an alleged terrorist bombing. Plaintiff s insurer paid millions of dollars less than the amount of plaintiffs loss, because plaintiff failed to give the insurer notice that its ship was entering an additional premium area (APA).

In this action, plaintiff claims that the terms of the insurance policy that defendant…