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Insurer's subrogation claim against carrier - Interpretation of Article III, r 6A of the Hague-Visby Rules : [case review]
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
Insurer's subrogation claim against carrier is not ''an indemnity claim against a third party'' within the meaning of Art III, r. 6A of the Hague-Visby Rules. The carrier is a party to the bill of lading between him and the consignor of the goods, and the fact that the insurer steps into the shoes of the consignor does not turn the carrier into a third party. The status of the carrier remains as it was even if the rights of the party who contracted with him have been transferred, by virtue of the principle of subrogation, to the insurer. The insurer is subject to the time limitations that apply to the insured in the latter's claim against the carrier.
Keywords
case review; subrogation claim; insurer; carrier; Hague-Visby Rules;
Hrčak ID:
42007
URI
Publication date:
1.12.2003.
Visits: 1.442 *