Karen Lorenz
Updates
Insurance
Suspension of limitation period in coverage dispute
Germany | 03 September 2019German law provides several circumstances in which the limitation period in an insurance coverage dispute may be suspended, subject to the case facts. However, to avoid the risk of an insurance claim becoming time barred, assureds should pursue claims diligently. A recent case before the Dresden Higher Regional Court is a useful reminder that suspending limitation periods due to negotiations requires that the insurer is actively involved in the matter.
Shipping & Transport
Court examines scope of multimodal transport
Germany | 02 October 2019Federal Court of Justice case law suggests that, in multimodal transport cases, voyages always have a series of sections and there are no stages without sections. However, a recent Hamburg Regional Court decision suggests that there may be transport stages in a multimodal transport system that cannot be attributed to a particular section.
No liability for late delivery where loading readiness is agreed as subject to vessel availability
Germany | 03 October 2018In its capacity as a court for inland navigation, the Mannheim District Court recently settled a dispute between an inland waterway carrier and a sender. The sender had instructed the carrier on short notice and despite the express statement by the carrier that its vessel was not yet available. According to the court's interpretation of the transport contract, the flexibility agreed in respect of loading readiness was to be understood as an exemption of liability for late delivery.
Vessel blockade – damage to property?
Germany | 05 July 2017A tanker barge was anchored in an area where anchoring was prohibited. During a manoeuvre, the vessel ran aground and was secured with an anchor, blocking the marina entrance and preventing the claimants' vessels from leaving the marina. The claimants claimed damages on the basis of Section 823 of the Civil Code, asserting that their property had been interfered with.
