The shipping carrier must perform sea transit agreed in the carriage contract made with the shipper, whether this is a contract evidenced by a bill of lading or a charter party or other document. Where the latter is evidenced and The Hague Rules, Hague-Visby Rules or Hamburg Rules are expressly incorporated by statute or agreement […]
HOW PERISHABLE CARGO ARE TRANSPORTED USING A REEFER SHIP?
A reefer ship is a type of ship that is used for the purpose of carrying refrigerated cargo. Reefer ships are mainly used to transport spoilable goods. In today’s times refrigerated carriers play a very vital role in transporting food products that are necessary for daily use but face the threat of perishing very fast. […]
THE USE OF OTHER DOCUMENTS TO PROVE THE SUBROGATION OF THE MARINE CARGO INSURER
In cases where the subrogation letter is absent, the insurer who submits to the debate a copy of the insurance policy, accompanied by a dispatch of his agent and cheques or transfer orders provided an ideal subrogation folder. It is safe to say here that except from the subrogation letter, subrogated recovery can be justified […]
SUBROGATION LETTER: THE MATERIALIZATION OF THE TRANSFER OF RIGHTS AND REMEDIES TO THE MARINE UNDERWRITER
The letter of subrogation could be defined as a written document which materializes the respect of the obligation of guarantee of the marine cargo underwriter to his insured, whose cargo got damaged during transport operation. The materialization is expressed here by the payment of indemnity of the insurer to the insured and therefore the transfer […]
IS AMICABLE NEGOTIATION OR ARBITRAL RECOVERY ACTION A WISE DECISION FOR THE SUBROGATED INSURER?
The amicable recovery and the arbitral recovery are extrajudicial remedies. In either case, everything begins with the delivery of reserves but also the claim notification. The latter is motivated by the survey report and to make the debate more coherent, subrogated insurer is required to bring back all the documents provided by his insured that […]