A recent Hamm Higher Regional Court decision concerning insurers' duty of advice continues the previous case law in respect of partly favourable and partly unfavourable new conditions or conditions that are merely more favourable for the policyholder. The case highlights the question of whether insurers have a duty to advise assureds of amendments made to the general terms and conditions in their insurance policies, particularly with regard to linguistic amendments.
In a March 2019 case, the Hamburg Higher Regional Court had to decide whether the claimant had a control and inspection duty under the Commercial Code and, if so, to what extent the damage should be reduced for reasons of contributory negligence. The decision clarifies that shippers can rely on carriers to provide a sound transport vehicle.
The Higher Regional Court of Hamburg recently clarified the fact that goods having been packed in a container made available to a shipper by a carrier on a decoupled trailer belonging to the carrier is insufficient grounds for the carrier to have accepted the goods for carriage. The court set out the prerequisites for a carrier's acceptance of goods under Section 425 of the Commercial Code, as established in case law.
In a recent Federal Court of Justice case, 230 phones were reported missing following their delivery via road and air. As it was unclear where the damage had occurred, the court had to decide whether the road carriage formed an ancillary feeder service within the meaning of the Montreal Convention. The decision confirms the court's 2012 ruling that road carriage performed as part of a contract of carriage by air is not ancillary where carriage by air would have been possible.
The Federal Court of Justice recently held that a warehouse keeper's duties to select suitable storage facilities and to notify the principal when moving goods to a third-party warehouse comprise fundamental duties of contract. The breach of such contract deprives the warehouse keeper of the right to limit its liability. The notification must be so clear that it leaves no doubt that the goods have already been moved.