terça-feira, 3 de fevereiro de 2015

CARRIER OR OPERATOR LIABILITY INSURANCE

CARRIER OR OPERATOR LIABILITY INSURANCE

 

  
The underwriters can subrogate on behalf of the insured on the events of claims or loss. The underwireters Will assume all liabilities and payment of the claim, thereupon, they shall be entitled to acting on behalf of the insured and regress against  those who gave cause to the damages, according to Brazilian civil Law. Lets take as example the fire occurred in whatever wharehouse port, where defined goods are stored.

The goods stored in port areas, mainly for  imported purposes  waiting the usual procedures for Customs clearance, or be removal to the bonded warehouses. While in port or warehouses, cargoes must be handled by ports operator only inside the port yard, the international transport insurance Will cover the cargo upto the discharge of goods at the destination port( asper INCOTERMS)henceforth, the warehouse trustee Will assume all responsabilites on the cargoes in their custody up to be delivered to the consignee or importer assigned in the Bill of lading(B/L).This is the most appropriate way and indicated, as exporters and importers need a safe spot, with quick response. The speed of business in international trade does not support delay requires a lot of skill by the operators.

Exports in the FOB condition used to guarantee insurance cover of the goods up to the loading ports, in order to avoid risk for damages on inland transport. Once the goods are delivered to the port warehouse trustee, the risk and liabilities shall be assumed by the port trustee.(joint liabilities). Therefore, its allowed to the shippers/exporters to extend the insurance cover to the port yard, in order to minimese risks. In the export FOB, left to exporters rely on insurance third companies for which the goods were delivered. Sometimes, these companies have not always safe with sufficient amounts to meet all affected, should any claim arise and brought huge losses to various companies.

Imports whose insurance were hired in Brazil, are guaranteed while the goods are in the port area, for the period of risk covered in the insurance policy. Importers who trade on CIF base, will have to check the policy given by the exporter abroad, where the coverage limits, invariably with the loading port or unloading at the port or airport of destination, depending on the contract terms.

Should any claim or loss occrurrence, such fire or any other damages to the goods, the risk insured  being driven by international transport insurance, or by ports underwriters it would certainly be paid off after the claim regulations procedures. Therefore, it is much safer to rely on your own insurance company. Should any claim arise, the insurance company Will settle the amount more fast and Will be subrogating in the proper insured rights to regress against who gave cause to the damages, according to Brazilian law in force.  Usualy, the proper insurance policy provide a clause enable the underwriters acting on behalf of the principal policy holder. 


Dados sobre o autor:
Paulo S.Silvano Oliveira
Advogado –
Extensão em Direito marítimo (transporte marítimo, oil & gás, avarias, etc)
“Expertise” em portos – tendo atuado por 10 anos em portos da VALE.
Linkedin: BR.linkedin.com/in/paulosilvano


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