Denmark, WSCO Advokatpartnerselskab updates
Insurance
Contributed by WSCO AdvokatpartnerselskabDoes the EU directive regarding 'large risks' include vessels bought for private use?
- Denmark
- 23 February 2021
In two previous verdicts a district court found that prorogation of jurisdiction can be validly agreed in a yacht insurance contract, even where consumer interests are concerned and the contract requires that legal proceedings be brought in a court in the insurer's home country. In a recent decision, a high court found that the European Court of Justice (ECJ) should be asked for a preliminary ruling. The question for the ECJ is does the EU directive regarding 'large risks' include vessels bought for private use?
Recharge of sum insured: whose duty and what are the consequences of failing to do so?
- Denmark
- 06 October 2020
In a recent ruling on the recharge of the sum insured in a project liability insurance policy, the Danish Building and Construction Arbitration Board ruled that the obligation to recharge was incumbent on the policyholder (adviser), regardless of whether the client had requested it or not. This article examines the ruling and highlights the conditions that parties should be aware of when refilling.
What should companies do if they have claims against a bankrupt tortfeasor?
- Denmark
- 18 August 2020
This article provides options for companies which have a claim against a bankrupt tortfeasor and discusses Section 95 of the Insurance Contracts Act, which gives creditors the right to raise a claim directly against a tortfeasor's insurer. However, this right is forfeited if the applicable deadlines are not met.
Putting out fires: hot work and insurance coverage for fire damage
- Denmark
- 30 June 2020
The execution of 'hot work' (ie, work which carries the risk of fire) often results in fires. Therefore, anyone who executes or arranges for the execution of hot work should be aware of how damages and possible liability for damages can be avoided. Hot work insurance policies should also be thoroughly examined. This article highlights the rules that craftspeople, contractors and clients must consider before and during the execution of hot work, as well as the associated liability issues.
Smooth sailing? Jurisdiction agreements in yacht insurance contracts
- Denmark
- 23 June 2020
A new ruling determines that prorogation of jurisdiction can be validly agreed in a yacht insurance contract, even where consumer interests are concerned and the contract requires that legal proceedings be brought in a court in the insurer's home country. Pursuant to the ruling, a private policyholder who is an EU citizen and purchases boat insurance in another EU country is bound by the jurisdiction agreement in the insurance contract.
Shipping & Transport
Contributed by WSCO AdvokatpartnerselskabIs an FOB seller which receives a bill of lading bound by its jurisdiction clause?
- Denmark
- 05 May 2021
The Maritime and Commercial Court recently considered whether a freight on board seller which had received a bill of lading as a receipt for delivery of cargo was bound by said bill of lading's jurisdiction clause. This decision addresses the question of whether a consignor which is not a party to a transport contract but merely delivers cargo to the ship that will perform the voyage may be legally obliged and bound by a jurisdiction clause in a bill of lading.
EU Brussels I Regulation on lis pendens applies to proceedings brought under CMR
- Denmark
- 28 April 2021
The Maritime and Commercial Court recently held that Danish proceedings could not proceed as earlier Dutch proceedings concerned the same issue of liability, which meant that there was a risk of conflicting judgments if the cases were heard separately. The decision underlines the importance of being aware of the relevance of legal steps taken with respect to matters concerning the Convention on the Contract for the International Carriage of Goods by Road in other jurisdictions.
Court rules that parking of goods trailer on lit roadside constitutes gross negligence
- Denmark
- 27 January 2021
The Maritime and Commercial Court recently determined whether a Danish carrier was liable for the theft of €172,000 worth of toys which had been stolen from a subcarrier's trailer while it was parked at night. In its decision, the court considered whether the parking spot complied with the safety arrangements set out in the transport agreement.
Court finds that charter agreement was binding despite failure to perform conditional test of vessel
- Denmark
- 20 January 2021
The Maritime and Commercial Court recently ruled that a charter agreement was binding on a charter even though a conditional test of the vessel was not performed. This decision shows that a party which wishes to enter into a conditional chartering agreement must formulate the condition clearly and, in negotiations on the conclusion of the agreement, maintain the reservation in question.
Time limitation for recourse claim against sea carrier cannot be more than two years from cargo delivery date
- Denmark
- 23 December 2020
The Maritime and Commercial Court recently held that there is no basis for an interpretation that the time limit for a recourse claim can be extended beyond the total time limit of two years. Thus, the time limit for a recourse claim between sea carriers for damage to cargo which falls under the Merchant Shipping Act is, as a general rule, a maximum of two years from the date on which the damaged cargo was delivered.
