Preserving Evidence: The Key to Successful Cargo Claims

Shipments moving internationally travel long distances across multiple modes of transportation. Depending upon the mode – sea, air, rail or truck, cargo is subject to different forces. Sea freight has the rise and fall from waves and the pitch and yaw of the ship. Containers on rails are jarred forwards and backwards as trains accelerate and decelerate. If the packing is substandard or space is left for the goods inside to move freely, the potential for damage is present and possible. Add a heightened and active environment of cargo theft as it exists today, insuring cargo is more important than ever. 

In the event of damage or even a partial or total loss in transit, proper evidence preservation is crucial for ensuring a smooth claims process and maximizing your chances of being made whole for the loss. 

Arete offers this simple ten-point checklist, which we have refined over time, to help you cover your bases and quickly settle a claim. This allows us to pursue possible subrogation against the entity that had the cargo in its possession at the time.

  1. Document the Damage Immediately

As soon as you discover any damage or loss, document it thoroughly. Take clear, well-lit photographs from multiple angles, capturing both the overall scene and close-up shots of specific damage. Everyone these days has a phone with a camera that can be used to take photographs. 

Be sure to sign the delivery receipt with appropriate, detailed exceptions such as “hole in container” or “all cartons crushed.”These visual records are invaluable for claims adjusters.

  1. Keep All Packaging Materials

Don’t discard any packaging, even if it seems undamaged. The condition of boxes, crates, and internal packing materials can provide vital information about how the damage occurred.

  1. Maintain a Detailed Inventory

Create a comprehensive list of all damaged or lost items. Include descriptions, quantities, and, if possible, individual item values. This inventory will be essential for accurately assessing the claim’s value.

  1. Segregate Wet from Dry Cargo

Sort wet from dry cargo and thoroughly document the interior condition of the shipping container. Close the doors and see if light enters the container and document the location. Contact your adjuster directly for additional guidance.  

  1. Collect and Organize All Relevant Documents

Gather all paperwork related to the shipment, including:

  • Bill of lading
  • Commercial invoice
  • Packing list
  • Insurance certificate
  • Any correspondence with the carrier
  • Signed delivery receipts noting any visible damage.
  1. Record Witness Statements

If anyone witnessed the damage occurring or discovered it, obtain their written statements while the event is fresh in their minds.

  1. Notify All Relevant Parties Immediately

Because of strict time limits to report claims, it is important to inform your insurance provider, the carrier, and any other involved parties in writing as soon as possible. Many policies have strict time limits for reporting claims.

  1. Mitigate Further Damage

While preserving evidence, take reasonable steps to prevent further damage to the cargo. This might include moving goods to a dry area or applying temporary protective measures.

  1. Keep a Chronological Record

Maintain a log of all actions taken, conversations had, and decisions made regarding the damaged cargo. This timeline can be crucial for the claims process.

  1. Consult with Claims Professionals like Arete

On each insurance certificate, you’ll find the adjuster’s name to contact in the event of a claim. Our role is to establish the facts and determine the payable amount of loss so that the insurer can pay the claim. 

Following these evidence-preservation steps significantly increases the likelihood of a successful cargo claim. Remember, the more information and evidence you can provide, the easier it is for claims adjusters.

At Arete Adjusting, we understand the complexities of cargo claims and have established a network of surveyors and representatives who, if required, can physically examine the loss to ensure complete capture of the facts. To learn more about the role adjusters play in a cargo claim contact us today.

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Freight Forwarders Liability Insurance on Air Freight: Why It’s So Important

If you are an Air Forwarder, you may ask if Freight Forwarders Liability (FFL) Insurance is worthwhile. Why is it needed, as airlines carry most of the risk when an incident happens?

FFL Insurance played an important role in protecting in the following examples:

Wrongful Destination Claim

Due to an administration error, a shipment was air freighted to London, Canada instead of London, England. The Freight Forwarder incurred charges to ship the cargo back to its correct destination, and those fees (over USD 20,000) were covered by insurers.

Customs Fine

Due to an employee mistake on documentation, a cargo shipment was delayed at its destination in South Africa and received a customs fine. This was covered by insurers, who handled the delay claim plus the fine.

Damage to Cargo

Whilst most claims can be passed to the airline, airlines are notorious for not responding. It is common for the merchant to sue the Forwarder rather than wait for a response from the airline. In one instance, Lufthansa failed to respond for a time extension received from a cargo insurance company for USD 50,000 of food products deteriorated in transit. Insurers appointed lawyers and settled the claim whilst a recovery action was taken against the airline.

FFL Insurance is designed for Freight Forwarders and Forwarders only. In today’s world, the Forwarder is expected to bear a much greater risk than previously, and most service contracts go against them. This may extend to customs fines, uncleared cargo, damage to cargo, or aircraft and documentation errors.

Most of the claims are defending the insured, and the policy is there to cover the costs in doing this, either through the appointment of lawyers, surveyors, or their in-house legal team. Defence Cover is from the ground up, so unless a claim is paid, all the legal fees are paid by insurers.

If and when a claim needs to be paid, it is often expensive in the air freight business. Cargo and freight values are often much higher than sea freight, so claims from the merchant, E&O matters, or customs fines are also high. Insurers have paid claims from USD 2,500 to over one million dollars, and we have seen Forwarders go bankrupt without insurance. This is not cargo insurance but protection for the Forwarder.

FFL Insurance covers not only claims arising from your customer, but also the airlines. In the event of leakage, poor packing, or even explosion, the airline will come against the Forwarder. This can be costly from the claim but also commercially, as we have seen multiple Forwarders blacklisted for this. Your insurers will not only handle these claims, but also ensure you have adequate protection to stop unreasonable demands.

FFL Insurance offers protection against claims arising from your customer and airline, as well as errors committed by your employees. It is designed for Freight Forwarders, so not only is the defence cover from the ground up, but the wording is bespoke to independent Forwarders.

Please contact our specialists: info@areteadjusting.com.

Arete Adjusting, LLC is a member of the +8 Partners ecosystem.

Disclaimer: All claims are subject to the terms, conditions and exclusions of the relevant product disclosure statement and/or policy.

Posted in Uncategorised

What Makes a Contract Special?

From a risk management perspective, this question is answered by the contractual terms that make the policy holder pay more when they have a claim compared to when standard trading conditions apply.

Standard trading contracts are often taken from other industries that are unsuited to the transportation and logistics sectors. Signing these contracts can lead to significant financial losses, the possibility of no insurance coverage, and even bankruptcy.

The following scenarios found within standard contracts are important to pay attention to, as they can have very high-risk outcomes for the policy holder:

“You are responsible for all claims.”
What it means: Strict liability regardless of any fault or negligence.

“You are responsible for the full value of the cargo.”
What it means: No weight or package limitation, including high value cargoes.

“You are responsible for delays and consequential losses.”
What it means: No limit to freight charges and time crucial delivery.

“You have no defenses to claims.”
What it means: No reference to protection for matters beyond your control.

“You have no recovery against responsible carriers.”
What it means: Certain clauses make you fully responsible for all carriers in the chain.

“You agree to a claimant supportive legal system.”
What it means: Certain legal regimes are less favorable to logistics providers.

For More Information

Please contact our specialists: info@areteadjusting.com.

Arete Adjusting, LLC is a member of the +8 Partners ecosystem. This article was authored by Phillip Emmanuel, Chief Operating Officer at +8 Partners.

Disclaimer: All claims are subject to the terms, conditions and exclusions of the relevant product disclosure statement and/or policy.

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The Importance of Salvage

If you have a claim under your cargo or liability insurance, salvage can be a major headache for the forwarder.

When an accident occurs, the merchant is understandably upset. Their cargo is damaged, but there also may be other implications to the supply chain. Often, they will prefer to abandon the cargo and re-order a new shipment. Such behaviour can be extremely costly for both merchant and even the forwarder.

The forwarder must ensure they try to get the cargo to destination before arranging any survey or inspection. If an incident happens in the port and the cargo is deemed damaged, the merchant will most likely not want their cargo. And may not want to spend time salvaging with the belief that this is the cargo insurer’s responsibility under subrogation.

However, this is not the case. The duty to mitigate/salvage is on the merchant – not the insurer. Subrogation is only after the insurers have settled the case.

This misunderstanding may result in expensive storage / demurrage / disposal / labour charges that insurers are unlikely to compensate. Therefore, we would always recommend ensuring the cargo arrives at destination before any survey is undertaken.

Any delay may also prejudice the claim, especially if it involves perishables. The insurer’s surveyor may help, but if the merchant refuses to cooperate, then this will be a total loss in a very short time. Whilst insurers will not override a decision by the health department to condemn cargo, often the discretion is on the insurer to decide. Perishables may be condemned for human consumption, but they will have a secondary market under animal feed, and this is where complications occur. There is still salvage, and it is not deemed a total loss.

Ultimately, speedy action on finding salvage buyers results in the claim being paid faster with less costs. It’s also common for the merchant to make a salvage offer for cargo that may fall outside its original market, but they still have a use for. This can make adjusting the claim even quicker and simpler.

Salvage is the number one reason for delay on claims adjusting, so it is imperative to involve the broker as soon as a dispute arises.

For questions or more information regarding salvage, please contact our specialists: info@areteadjusting.com.

This article was written with +8 Partners member company World Insurance Services, Inc. and authored by Richard Kamppari Baker, Claims Director at World Insurance. Arete Adjusting, LLC is a member of the +8 Partners ecosystem.

Disclaimer: All claims are subject to the terms, conditions and exclusions of the relevant product disclosure statement and/or policy.

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Tips for Handling Delayed Goods Due to Panama Canal Backlog

In 2024, the canal might miss a total 1,500 vessels that would pass through in normal conditions, said the Authority’s Deputy Administrator Ilya Espino. Due to the transit restrictions, the Panama Canal Authority has forecast a reduction of up to $700 million in toll revenues for the current fiscal year ending in September. (Source: Reuters, Feb. 7)

The Panama Canal Authority has been restricting traffic since summer 2023, resulting in numerous shipments that have been stuck or delayed. This included a heavy backlog of goods that were sent to meet increased demand of the 2023-24 Holiday season.

The delays were caused by drought in the canals, made worse by on-going restrictions, which resulted in containers of perishables and Holiday-market products arriving after their ETA. This type of scenario typically leads to a mass rejection from the consignee and increased abandonment when shipments do arrive.

If the situation doesn’t improve, vessels might have to consider using other routes, which could lead to an increase in the cost of transportation.

From a Freight Forwarder’s perspective, delay is generally excluded, especially if it falls outside your control. Claims of such nature should be rejected. This may cause friction with customers, but to avoid expensive claims, it is imperative to not agree to specific times or dates of arrival.

Insurers, however, expect to receive many uncleared or abandoned containers that were intended for a particular market and no longer retain the same value. It is important for the Forwarder to carefully monitor all containers that might be traveling via the Panama Canal and notify their liability insurers immediately. If the goods are likely to be abandoned, it is important notify early to avoid incurring unnecessary storage/demurrage costs.

The shipper/consignee must be made aware they cannot simply abandon delayed cargo without settling all charges. Even if the cargo has little value, it will be less expensive for the shipper to accept delivery than to abandon shipments.

For More Information

Please contact our specialists: info@areteadjusting.com.

This article was written in conjunction with +8 Partners member companies.

Disclaimer: All claims are subject to the terms, conditions and exclusions of the relevant product disclosure statement and/or policy.

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