Vessel in berthing manoeuvring
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 certain 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 private 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/port operators.(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 occur, such
as 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 recover
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.
By; Paulo Silvano (maritime lawyer)
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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