Liaoning Tuyue Logistics Co., Ltd. v. China Ping An Property Insurance Co., Ltd. Jinzhou Central Branch
摘要
On September 6, 2016, Plaintiff insured and Defendant insurer concluded an open cover insurance agreement for all risks. The agreement agreed that insurer should bear insurance liability for the loss of the marble transported by the insured by ship, and the absolute deductible should be 1% of the insured amount or 10% of the loss amount, whichever was higher. On September 4, 2016, the insured commissioned the carrier to transport the marble, which was shipped on the same day. On September 7, Ping An Insurance issued the policy. The marble in the box was found to be seriously damaged when the goods were unpacked and unloaded at the consignee’s place. After on-site investigation by insurer’s entrusted personnel, a total of 386 marble edges were damaged to varying degrees, and 86 extra grade marble were seriously damaged. Both parties failed to settle the insurance compensation through negotiation, and the insured filed an action before the court.