INSURANCE AGAINST LIABILITY OF THE FORWARDING AND WAREHOUSING AGENT Cover Image

ОСИГУРАЊЕ ШПЕДИТЕРА И СКЛАДИШТАРА ОД ОДГОВОРНОСТИ
INSURANCE AGAINST LIABILITY OF THE FORWARDING AND WAREHOUSING AGENT

Author(s): Zoran Radović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: For modem business. activities of the forwarding and are housing agents, insurance against liability deriving from that business activity represents a necessity for safe performance. Insurance against liability is necessary to the forwarding and warehousing agents in order to protect them not only in cases when they are confronted with justified but also unjustified claims for indemnification of damages of parties they had business dealings with or otherwise. The existing differences in the business activities of the forwarding warehousing agents has some impact on the method of implementation of insurance against their liability. With regard to the fact that the forwarding agent is exposed to potentially high indemnification claims and that in practice he rarely becomes actually liable, the most suitable from of insurance against his liability would be the system of reciprocal insurance with a view to the equalisation of premiums and damages being effected in a longer period of time. For the insurance against liability of the warehousing agent the premium insurance would be more suitable. Insurance against liability of the forwarding and warehousing agents should be carried out in the maimer that the number of contracts of insurance is reduced to minimum. For example, a forwarding agent dealing with the despatch and transportation of goods should have a singular contract of insurance covering these business activities. Therefore, the conditions of insurance should be adjusted so that they provide for general and particular coverage. This would save expenses for the insurance. The general conditions of insurance should make it possible for the insured to choose the latitude of coverage and decide for himself which activity and to what extent he wold like to protect by the insurance. This is why the insurance premium should be made dependent of the quantity of service rendered by the insured (invoiced amount). Having regard to the legal provisions regulating liability of the insured, and the facilities of insurance, it is necessary that the contract of insurance should determine the insurd amount limiting the nights of the insured with respect to indemnification. The contract should also regulate the participation of the insured in each particular damage, securing the interest of the insured for the reduction of the damage by his appropriate behavior. The general conditions of insurance should establish the obligation on part of the insured as well as the insurer for full cooperation in all situations pertaining to the liability of the insured which has been covered by insurance.

  • Issue Year: 30/1982
  • Issue No: 6
  • Page Range: 1129-1144
  • Page Count: 16
  • Language: Serbian