Plaintiff insurer had no right to claim compensation from Defendants carrier, carrier’s head office and the port operator, because the goods damage was caused by the port operator’s operation, and insurer had no evidence to prove that carrier and its head office were jointly at fault with the port operator for the damage to the container. In addition, insurer reached a settlement with Delanshi and Delanshi Shenzhen and received a compensation of 283,588 yuan, which exceeded the loss suffered (the court confirmed that the value of the damaged goods involved was 18,031.25 yuan according to the unified description in the testing report issued by the parties), achieving the purpose of damage compensation.

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Mitsui Sumitomo Insurance (China) Company, Limited Guangdong Branch v. “K” Line (China) LTD. Shenzhen Branch et al.

  • Martin Davies,
  • Jiang Lin

摘要

Plaintiff insurer had no right to claim compensation from Defendants carrier, carrier’s head office and the port operator, because the goods damage was caused by the port operator’s operation, and insurer had no evidence to prove that carrier and its head office were jointly at fault with the port operator for the damage to the container. In addition, insurer reached a settlement with Delanshi and Delanshi Shenzhen and received a compensation of 283,588 yuan, which exceeded the loss suffered (the court confirmed that the value of the damaged goods involved was 18,031.25 yuan according to the unified description in the testing report issued by the parties), achieving the purpose of damage compensation.