Legal Issues Study Of Insurance For Carriage Of Goods By Carrier And Shipper Concurrently

In recent years,the logistics industry has developed at a high rate,leading to explosive growth in the number of companies engaged in the transportation of goods and a multiplication of insurance needs.Cargo insurance is the most frequent insurance policy for shippers in the transportation of goods,which has the advantages of low premiums and quick insurance claims,attracting carriers to take out cargo insurance,so there are a large number of carriers in insurance practice to take out cargo insurance.To reduce economic losses,there is a strong sense of risk to shippers and carriers at the same time to insure cargo insurance,insurance disputes often arise after the occurrence of an insurance accident.To clarify the shipper and the carrier at the same time to ensure cargo insurance disputes,this paper from judicial practice,based on the case,the main controversial issues of such cases,and the final solution to discuss.The first part of the paper takes the concept of cargo insurance and the mode of insurance as the starting point,and through the analysis of cases,selects typical cases where the shipper and the carrier take out cargo insurance at the same time,and summarises the main points of dispute.The second part discusses whether the carrier has an insurance interest in cargo insurance,mainly analyzing the different doctrines of insurance interest.The third part deals with the application of the duplicate insurance system to the shipper’s cargo insurance policy and the carrier’s cargo insurance policy,mainly from the elements of duplicate insurance,and examines the principle of apportionment of duplicate insurance and the duty of notice.The fourth part deals with the issue of insurance claims,divided into two levels,constituting duplicate insurance and not constituting duplicate insurance,and analyses the insurance liability of the carrier,the carrier’s insurer,and the shipper,and gives recommendations on relevant insurance claims.The main controversial issues of the shipper and the carrier taking out cargo insurance at the same time are more controversial in theoretical circles and judicial practice.To sort out the legal responsibilities of the shipper and the carrier in the case of simultaneous insurance of freight insurance,and to provide some reference for the protection of the relevant legal rights and interests of all parties.