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Ontario Court of Appeal upholds jurisdiction in international insurance contracts

Ontario Court of Appeal upholds jurisdiction in international insurance contracts

by Editor | May 12, 2023 | Case Summaries, Commercial Issues, Conflict of laws, Insurance, Jurisdiction + Forum

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Ref: Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, appeal of 2022 ONSC 12. Vale Canada, an international mining company, faced environmental degradation...
Extreme Caution regarding Letters of Undertaking: A Binding Agreement to Agree

Extreme Caution regarding Letters of Undertaking: A Binding Agreement to Agree

by Editor | Mar 7, 2019 | Case Summaries, Insurance

Helen Noble, Noble Shipping Law, Ireland Following a recent decision of the High Court in Ireland, insurers should exercise extreme caution when offering a Letter of Undertaking (LOU) in principle as security to prevent a vessel from being arrested. In the cases of...

Brokers banned from settling claims on behalf of insurers

by Editor | Jun 19, 2016 | Case Summaries, Insurance

Olaf Hartenstein and Carolin Schilling-Schulz, Dabelstein & Passehl, Germany Introduction On January 14 2016 the broker law division of the Federal Court of Justice ruled on a case (I ZR 107/14) where the Cologne Bar Association had filed an injunction against an...
Forwarder Liable Stolen LEGO worth € 110,000 – exposed but not robbed

Forwarder Liable Stolen LEGO worth € 110,000 – exposed but not robbed

by Editor | Jul 22, 2015 | Insurance, National Issues

Aage Krogh, IUNO Denmark A Danish freight forwarder was liable for the theft of valuable LEGO toys worth approximately €110,000, because it was not proved that the loss of goods was the result of a robbery. However, the freight forwarder could limit his liability...
Carrier Liable for Damages Worth 1,3 Million Dollars After Stormy Weather

Carrier Liable for Damages Worth 1,3 Million Dollars After Stormy Weather

by Editor | Jul 15, 2015 | Carriage by Sea, Insurance, Liability for Freight

  Aage Krogh, IUNO Denmark A contracting carrier and a shipping company were liable for damages that arose when 30 trailers were carried by sea on deck during stormy weather. The Danish Maritime and Commercial High Court found that there were no grounds for...
Binding Contract on Carriage by Sea – Despite ”Unfinished” Negotiations 

Binding Contract on Carriage by Sea – Despite ”Unfinished” Negotiations 

by Editor | Jul 15, 2015 | Carriage by Sea, Insurance, Jurisdiction + Forum, Liability for Freight

  Aage Krogh, IUNO Denmark An American freight forwarder must pay 160,000 USD in damages to a Danish shipping company after having rejected a contract at the last minute and at the same time hired another shipping company to conduct the carriage. The Danish...
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