Plaintiff insurer had no right to require Defendant multimodal transport operator to bear the liability for compensation, because the freight loss caused by the train derailment in this case was the result of the geological action caused by the rain erosion of the soil, and the multimodal transport operator could be exempted from liability when the collapse occurred that could not be predicted and controlled by manpower.

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Mitsui Sumitomo Insurance Company Limited v. COSCO Shipping Lines Co., Ltd.

  • Martin Davies,
  • Jiang Lin

摘要

Plaintiff insurer had no right to require Defendant multimodal transport operator to bear the liability for compensation, because the freight loss caused by the train derailment in this case was the result of the geological action caused by the rain erosion of the soil, and the multimodal transport operator could be exempted from liability when the collapse occurred that could not be predicted and controlled by manpower.