cargo loss or damage recovery

Cargo Loss or Damage Recovery

What do we offer?

Our Cargo Loss or Damage Recovery services help you recover uninsured cargo loss or damage from liable parties.

Who are these services for?

Instower’s Cargo Loss or Damage Recovery services are designed for cargo owners and other parties interested in the safety of cargo transported internationally.

Who may we recover losses from?

Several parties may be found liable for losses of or damage to cargo transported internationally, including

  • Carriers
  • Sellers
  • Buyers
  • Freight forwarders
  • Ports
  • Warehouses

The liability of these parties may arise either in contract, tort or statutes. It can either be strict or for negligence, set out by legal acts, regulations or common law. Various international conventions and local legal acts govern the limits and types of liabilities attaching to these parties, and our mission is to assist you in recovering your losses.

The recovery process

  1. Collection of initial information

    We consult our customers about the type and extent of information they need to obtain in order to have an accurate understanding of the case.

  2. Cargo Damage or Loss Surveys

    We consult our customers about the type and extent of information they need to obtain in order to have an accurate understanding of the case.

  3. Assessment of Liability Exposure

    After collecting the available information concerning the loss, we then analyse the strengths and weaknesses of a possible claim and advise our customers about the prospects of the case.

  4. Recommending you the recovery strategy

    After collecting the available information concerning the loss, we then analyse the strengths and weaknesses of a possible claim and advise our customers about the prospects of the case.

  5. Initial negotiations

    Conducting negotiations with parties deemed liable for the loss or damage to cargo, or expenses incurred by you due to breach of contractual or statutory duties, fault, omission or error.

  6. Claim letters

    We will prepare and send claim letters with supporting documents on behalf of you to the parties held liable for the loss.

  7. Pre-trial negotiations

    We will then approach the parties held liable for the loss to discuss again the possibility of settling the claim before a legal action is pursued against them.

  8. Legal Action

    If a legal action is necessary to provide you with a just resolution of the claim, and we see reasonable prospects of moving the claim further, we may recommend and arrange provision of legal services to you for taking a legal action.

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How can my loss appear to be uninsured or not indemnified by insurance companies?

The scope of cover of the majority of insurance contracts is largely influenced or based on the standardised Institute Cargo Clauses (ICC) drafted by the Institute of London Underwriters (ILU) on the 1st January 1982 which have been reviewed and amended by the International Underwriting Association of London (IUA) and Lloyds Market Association (LMA) on 1st January 2009.

It is of paramount importance to recognise the fact that it is up to the parties of an insurance contract to agree on applying whole or part of these clauses.

Institute Cargo Clause (A), (B) and (C) are subject to English law and practice, and insurers may restrict or widen insurance coverage to comply with their local law, practice, as well to go in line with their underwriting strategy.

Institute Cargo Clause (A), (B) and (C) are subject to English law and practice, and insurers may restrict or widen insurance coverage to comply with their local law, practice, as well to go in line with their underwriting strategy.

Common examples are:

  • Deductible or excess
  • Average clauses
  • Exclusions from cover
  • Breach of warranties
  • Conditions precedent to liability
  • Uninsured perils

Cargo owners or other parties interested in the safety of cargo carried on a ship, aircraft, by road, rail or multimodal transport will then need to look on possible options for recovering their losses uninsured or uncompensated by insurance companies, and we will employ our expertise and resources for the just resolution of your claims.