Strategic Representation in Cargo Loss and Damage Claims
For over 30 years, the attorneys in KDV’s Maritime and Admiralty Law Practice have handled cargo loss and damage claims involving virtually every type of cargo. Our lawyers advise and defend shippers, ocean carriers, marine terminals, stevedores, insurance companies, freight forwarders, and non-vessel operator common carriers in claims and lawsuits brought in state and federal courts arising out of the loss, damage and non-delivery of cargo.
The members of our practice group have extensive experience working with companies throughout the maritime industry. We understand the unique legal and business challenges our clients face and partner with them to find solutions that best protect them from potential financial exposure and liability. Our lawyers handle containerized and bulk cargo loss and damage claims brought under the federal Carriage of Goods by Sea Act (COGSA) as well as related state laws and statutes. We are also well-versed in the interpretation and application of terms and provisions in bills of lading, stevedoring agreements and insurance policies.
Complex Coverage and Liability Matters
Cargo loss and damage claims often involve complex coverage and liability issues. When these types of claims surface, insurance companies around the globe trust our firm to provide the sound and practical legal advice they need to successfully resolve the matter. Our lawyers take quick action, evaluating the claim and analyzing the terms and conditions of the underlying policies to provide the insurance company with a coverage positon. We also work with our insurance carrier clients in pursuing subrogation claims to recover amounts they have paid out in connection with cargo loss and damage claims.
When representing a marine terminal operator or stevedore, our lawyers work to build a strong defense against claims asserting that our client was responsible for the cargo loss or damage. We thoroughly investigate the incident and review the provisions of the bill of lading or terminal tariff in an effort to limit our clients’ liability. Similarly, when representing a freight ocean carrier or other shipper in loss and damage claims associated with cargo that they were involved in transporting, our lawyers take an early and aggressive approach to protect our clients’ legal rights and minimize their legal liability and exposure.