JDA Co. Ltd and ors v AIG Insurance New Zealand Limited [2022] NZCA 532
The New Zealand Court of Appeal has just delivered its first-ever judgment on the operation of a marine open cargo policy and, in doing so, affirmed orthodox principles taken from English law.
Read MoreWith demurrage and detention have become particularly hot topics since COVID. This paper discusses some international developments in the area, some ideas for reform and also some steps that freight forwarders can take to protect themselves against clients who don’t want to pay for these costs.
Read MoreThe law has long recognised that where an insurer has indemnified an insured for loss caused by a third party, the insurer can sue the third party in the insured’s name to recover the amount paid. However, two recent UK decisions have discussed the question of when the terms of a contract entered into by the insured might impact on rights of recovery.
Read MoreEnglehart CTP (US) LLC v Lloyd's Syndicate 1221 & Ors [2018] EWHC 900 (Comm)
Englehart, the insured in this UK case, claimed under an “All Risks” cargo insurance policy for loss it sustained in accepting fraudulent bills of lading for a cargo of copper ingots, where that cargo was never in fact shipped.
Read MoreThe Federal Maritime Commission recently released its final interpretive rule concerning the reasonableness of detention and demurrage charges. The FMC’s announcement is a response to complaints of shippers, freight intermediaries and truckers of being penalised with unreasonable demurrage and detention charges by ocean carriers and terminal operators.
Read MoreIn June 2017, a fishing vessel, the Victory II, sank off Kaikōura while grossly overloaded with fish. In a prosecution brought by Maritime New Zealand, Antonio Basile, the sole director of the fishing company, Nino’s Ltd, became the first officer to be convicted and sentenced under the Health and Safety at Work Act 2015 (HSWA). Nino’s Ltd was also sentenced, as was the Victory II’s skipper, Mr McCauley.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
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