FIRE REACHES WAREHOUSE

photo source

 Regarding to the fire occured  last thursday 17th, in the Logistic warehouse,  nearby Capuaba Ports,  Vila Velha city, call to mind the liabilites involved in this kind of sinister. the insurancy companies policies shall be applied to each party concerned and the cargoes damaged thereof.

For sure, several claims will arise of this misfortune. The insurance companies Will be demanded by the stakeholders to settle the amount more fast and will be subrogated in the proper insured rights to regress against who gave cause to the damages. according to Brazilian law in force, civil code 2015 –

art.    757. “Under the insurance contract, the insurer undertakes, upon payment of the premium, to guarantee the legitimate interest of the insured person or thing, against predetermined risks”.

Usually, the proper insurance policy provide a clause enabling the underwriters acting on behalf of the insured. The underwriters can subrogate on behalf of the insured on the events of claims or loss. The underwriters will assume all liabilities and payment of the claimants, thereof.

They shall be entitled to acting on behalf of the insured and recover against  those who gave cause to the damages, according to Brazilian civil Law stated herewith. The goods stored in port areas, dischard from vessels coming from abroad, mainly for  imported purposes, awaiting the usual Customs clearance procedures for removal to the bonded warehouses.

Whilst it dos not occur, cargoes shall be shifted/ handled by ports operator  inside the port yard, the international carrier insurance will cover the cargo only upto  discharge of goods at the destination port( as per INCOTERMS/FOB).

Henceforth, the warehouse trustee Will assume all responsabilites on the cargoes in their custody up to be delivered to the consignee or importer stressed 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.

Import goods in the FOB condition used to guarantee insurance cover of the goods up to the destination ports, Once the goods are discharged and delivery to the port warehouse trustee, the risk and liabilities shall be assumed by the port trustee. In order to avoid risk  damages on inland transport and bonded warehouse is advisable to the importer to hire a cargo insurance.

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

 Anyhow on hiring a cargo insurance, entails certain risks, and as insured, you may find yourself exposed to certain legal and contractual liabilities. That means that the last thing you want is to be inadequately insured. Do not underestimated  the risks.

For any queries or doubts, please contact  our office. Will be delight to attend your enquiry. 

Paulo Silvano - advocacy & consultancy

 Paulosilvano.juridico@gmail.com 

55 27 3208 6440 / 99664 8310 /  98886 2970

Vila Velha/ES, Brasil 

http://www.abreujuris.com

blog: https://paulosilvano.blogspot.com.br/

paul-silvano.strikingly.com

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to read more about this tragic events pls see:

https://g1.globo.com/es/espirito-santo/noticia/incendio-atinge-empresa-de-vila-velha-e-fumaca-e-vista-por-varios-pontos-da-capital.ghtml

photo source: :https://g1.globo.com/es/espirito-santo/noticia/incendio-atinge-empresa-de-vila-velha-e-fumaca-e-vista-por-varios-pontos-da-capital.ghtml