CIF Marine Insurance (All Risks) Fraud Claim
[summary case]
Applicant for Arbitration: Hongkong importer
Applicant for Arbitration: Insurance Company
Third person: Shanghai foreign trade company
A professional foreign lawyer is a legal adviser to the insurance company and a lawyer for the case.
Shanghai foreign trade company exported a total of 10000 cases to Hongkong, according to CIF (HONGKONG), to insure the insurance company against all risks. However, because the name of the importer is only stated in the bill of lading, and the address is not specified in detail, the shipping company can not notify the importer of Hongkong to pick up the goods from the goods yard after arriving in Hongkong, and has not contacted the freight forwarder of Shanghai foreign trade company, and decides to return the goods to the port of shipment. On the way back, 400 boxes of canned water were soaked in seawater as the ship was seeping. After the goods were shipped back to the port of departure, the Shanghai foreign trade company did not unload the goods. It only returned to Hongkong after the importer's detailed address was added to the bill of lading. The importer found that the tinned goods had been rusted after taking delivery of the goods, so only 600 boxes of unrusted cans were extracted and claimed by the insurance unidirectional insurance company for compensation for the rust of the 400 cartons of goods. And submit an arbitration application to the arbitration agency agreed upon.
Professional advice from foreign lawyers:
1, rust occurs in the second voyage, not the first voyage. The insured does not cover the second voyage and does not belong to the scope of coverage. The insurance company has no obligation to pay compensation.
2, the insurer obviously violated the principle of good faith when he filed an insurance claim. The insured claims to the insurer that the loss caused by the voyage is not covered by the insurance coverage. The purpose is to pfer the loss of goods to the insurer by negligence of the insurer, which violates the principle of "honesty and faith" and the insurer has the right to refuse to pay.
[case award results]
The Arbitration Commission supported the opinions of professional foreign lawyers and ruled that the applicant's request was rejected.
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