Damage to metro cables and cabins
27.12.2017 |Articles
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Parts of cables and cabins for Guangzhou Metro, which were insured by “A” Insurance Company in Germany, were found serious damaged on 3 bundles of cables and 10 cabins at the port of discharge, Huangpu. Zurich International (Deutschland) Versicherungs AG lodged a claim against “B” Shipping Company before Guangzhou Maritime Court for refund of losses in the amount of USD 880,000 after they subrogated the assured by payment of the indemnity to the consignee.
This case, which was designated as one of two typical cases for observation at celebration of establishment of Guangzhou Maritime Court in its 15th anniversary on 1st June 1999, was held in the court in the morning and the afternoon on that day. Mr. Huang Yaquan of this law firm attended the court hearing for the defendant “B” Company. The court, in the court hearing, rejected the claim filed by “A” Company against “B” Company at court.
The case was the first one held hearing and sentenced on the same day since the establishment of Guangzhou Maritime Court. Guangdong Pearl River TV Station and Guangzhou TV Station made special reports on the case in the evening news of 1st June and the noon news of 2nd June 1999. Guangzhou Daily and Yang Cheng Evening Newspapers also reported the court hearing simultaneously.
After rejection of the claims by the court at first instance, the plaintiff “A” Company appealed to the Guangdong Provincial High People’s Court. The court of second instance remanded the case to the original court for retrial; nevertheless, the retrial of the first instance and second trial of the second instance both rejected the litigation claims of “A” Company. The client of our law firm was finally free from compensation liability without payment of a single penny to the plaintiff.
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