http://www.law.com/jsp/tal/digestTAL.jsp?id=1202429753487&Kelley_Drye_Files__Billion_Suit_Accusing_Insurers_of_Aiding_Chinese_Food_Dumping_Kelley Drye Files $1 Billion Suit Accusing Insurers of Aiding Chinese Food Dumping
By Alison Frankel
April 08, 2009
The allegations could be the stuff of a John Grisham novel if they weren't so nausea-inducing: U.S. producers of garlic, crawfish meat, canned mushrooms, and honey (see what we mean about the nausea?) contend in a class action complaint filed Tuesday that six major insurance companies--with the tacit cooperation of the U.S. Department of Commerce--secretly facilitated the import of Chinese products that were dumped on the market at ruinous prices.
The domestic producers, represented by Kelley Drye & Warren and Adduci, Mastriani & Schaumberg, claim that between 1998 and 2006 the insurers issued hundreds of surety bonds that guaranteed the payment of any dumping duties the government might determine were owed by U.S. importers for the Chinese goods. Here's The National Law Journal's story about the suit, which was filed in the U.S. Court of International Trade.
"Without these customs surety bonds, the importers could not have brought in and sold the Chinese goods in the U.S. market at steeply dumped prices," Kelley Drye partner Michael Coursey told the NLJ. "The dumping of these imports forced the domestic producers to significantly lower the prices for their competing products, causing the producers to lose hundreds of millions of dollars."
Named as defendants are the Hartford Cos., Lincoln General, Washington International, American Home Assurance, Great American Insurance Cos. and International Fidelity. The Hartford declined to comment to The Hartford Courant on the suit. The docket does not yet list counsel for the defendants.