ASSURESCO - Courtage d'assurance

Transport Risks

Carrier or freight forwarder: Each of them has its liability regime, its risks and its insurance solutions available on the market.

The carrier

This situation leads to a waiver of recourse from the damage insurer and avoids imputation on carrier’s cost borne liability insurance.

The freight forwarder according to French regulations.

French law will differentiate between “commissionaire” and “transitaire”.

When defined as a “commissionaire” (commissioner), the operator will be accountable for any action of the carrier(s). Defined as such, the freight forwarder will first compensate for the loss and only after exercise recourse. This is of course a heavy burden upon the forwarder’s shoulders.

On top of that, the forwarder will of course be liable for his own deeds, within the limits mentioned in its terms.

When defined as a “transitaire” (transit agent), the operator is a simple agent of his client, owing a simple due diligence. He is accountable for his own established faults.

He is not liable for the actions of the sub contractors he did not choose. On the other hand, he does not benefit from the short term time bar linked to the “transport” regulation.

The “voyage charterer”:

Through charterparties, booking notes & other contractual terms, the charterer will bear, either directly or through recourses, very peculiar responsabilities linked to this type of purely marine operations.

According to inter alia the conditions of the above mentioned contractual commitments, the charterer may face, either directly or through recourses, claims for damages to the ship, to cargo, to ports, to third-party property, to the environment, etc… with possible huge amounts.

In each case, procedure will generate considerable costs and expenses.

Contact :

Eric Boué
00 33 1 45 26 83 45
e.boue@assuresco.fr
More than 25 years experience in marine & transport insurance solutions.