Total loss - fire defence - limitation of action
27.12.2017 |Articles
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An insurance company commenced proceedings respectively before a Panama court and Guangzhou Maritime court against a shipping company, owners of MV “XX”, seeking damages for a total loss of cargo carried by the vessel in July 2001 as well as refund of their contribution in general average. The total claims amounted to RMB3.40 million. With a careful investigation into and analysis on whether the cargo was properly stowed and other relevant issues, our lawyers defeated the plaintiff by mainly relying on a fire defence and a time-bar defence etc. Both the 1st instance court and the 2nd instance court upheld our pleas and rejected the plaintiff’s claims. It’s worth mentioning that the resolution of this case in China has disabled the plaintiff to continue its proceedings in the Panama court. |