Case Background

The insured was entrusted by the shipper to export 26 packages of aluminum sheets by sea, which arrived at the consignee in the United States on September 28th, 2021 and were found to be rusty and wet. Different degrees of water stains were found on the surface of the aluminum plate, and there were discoloration, corrosion, oxidation and other phenomena. The silver nitrate test result was positive, indicating that the aluminum plate was affected by seawater. The value of the goods claimed by the owner to the insured was about 800,000 RMB.

Investigation Situation

On February 8th, 2022, our company intervened the investigation entrusted by the insurer. It was found that the insured had put 26 packages of aluminum sheets into two open-top containers with abnormal top tarpaulin status after accepting the booking, and did not carefully check the status of the containers when packing, which led to seawater infiltration during transportation, resulting in rust of aluminum sheets. In accordance with the contract of carriage, the insured was liable for compensation; It was covered under the policy.

Solution

Our company searched for the salvage value of aluminum plate locally, and successfully found about 360,000 RMB. In addition, according to the limitation of liability of the carrier as stipulated in Chapter IV of the Maritime Law of the People's Republic of China, the maximum limitation of liability of the insured in this case was about RMB 420,000. After deducting the deductible, the final compensation was RMB 370,000.

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