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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 | Insurance, Summaries of Cases

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 | Insurance, Summaries of Cases

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...
Claim against Insurance Company Was Not Time-Barred Pursuant to the CMR-convention

Claim against Insurance Company Was Not Time-Barred Pursuant to the CMR-convention

by Editor | Jul 15, 2015 | Insurance, Liability for Freight, National Issues

  Aage Krogh, IUNO Denmark A road haulier’s insurance company had to pay damages worth EUR 35,000 to the road haulier, who had indemnified a freight forwarder in order to preserve their commercial relationship. The Maritime and Commercial High Court dismissed the...
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