Filed on August 8, 2025, in the Southern District of New York, the complaint comes from AXA XL Insurance Company, acting as subrogee for Kyndryl Japan KK and Kyndryl, Inc. The insurer says it paid out for the loss and now wants Nippon Express USA, the air carrier, to take responsibility for the alleged in-transit damage. The shipment at the heart of this dispute consisted of IBM server computers, which left New York on August 5, 2023, headed for a Kyndryl data center in Japan.