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More and more theft of goods by fake carriers!

More and more theft of goods by fake carriers.

! Forwarders, remember that you are responsible for choosing a reliable carrier!

! Do you therefore have a forwarder's liability insurance with a wide range of protection!

I am pleased to inform you that the District Court in Krakow awarded the Insurance Company to the client - whom I represented - conducting forwarding activities, the amount of PLN 114,000 with statutory interest from 2019 to the date of payment and court costs.

In short, the forwarding company commissioned the transport of goods to a Czech carrier that had an account and good reviews on the Trans.eu platform. Unfortunately, the carrier stole the goods. As it turned out, during this time the same company failed to deliver 18 other loads across Europe. The owner of the goods received compensation from the Cargo policy, and then his insurer filed a recourse against my client. Therefore, I called the Insurance Company to pay to the Cargo insurer from the liability insurance policy of my client's forwarder. The insurance company refused to pay, indicating that compensation under the liability insurance policy was not due and that compensation should be claimed from the liability insurance of the Czech carrier. In connection with the above, on behalf of the forwarding company, I concluded a settlement with the CARGO insurer for the repayment of debt in installments, and then sued the insurer under the OCS policy of my client.

By judgment of November 24, 2022, the District Court awarded the entire amount requested from the OCS policy from the Insurance Company for the benefit of the client. The court agreed with my argument that the forwarding company did not exercise due diligence when selecting the carrier and is liable for this. Due to the fact that the OCS policy protected the forwarder in such situations, the obligation to pay lies with the insurer.

According to Art. 799 of the Civil Code, "The Freight Forwarder is responsible for the carriers and sub-forwarders he uses to perform the order, unless he is not at fault in the choice".

Therefore, it is very important to have an OCS insurance policy with a wide scope to protect forwarders against such events.

Legal adviser Jerzy Klimkowski

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