Plaintiff the insured shipped a shipment of goods from Shenzhen to Mexico and covered goods transportation risks with Defendant insurer. After the goods arrived in Mexico, PCA, the local claims company entrusted by the insurer, sent an investigation, and the investigation report recorded that the top of the container was damaged, so the insured was notified. A joint investigation between the insured and the carrier revealed 8,375 pieces of machinery stolen. PCA and the consignee (a subsidiary of the insured) finally determined the amount of the loss to be USD194,156.81, which PCA considered to be covered by the policy, subject to review by the insurance company. Now the insurer refused to settle the claim, so the insured filed an action before the court. The court held that the insurer should pay part of the insurance loss and the corresponding interest.

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Ningbo Peiyuan Import & Export Co., Ltd. v. People’s Insurance Company of China Ningbo Branch

  • Martin Davies,
  • Jiang Lin

摘要

Plaintiff the insured shipped a shipment of goods from Shenzhen to Mexico and covered goods transportation risks with Defendant insurer. After the goods arrived in Mexico, PCA, the local claims company entrusted by the insurer, sent an investigation, and the investigation report recorded that the top of the container was damaged, so the insured was notified. A joint investigation between the insured and the carrier revealed 8,375 pieces of machinery stolen. PCA and the consignee (a subsidiary of the insured) finally determined the amount of the loss to be USD194,156.81, which PCA considered to be covered by the policy, subject to review by the insurance company. Now the insurer refused to settle the claim, so the insured filed an action before the court. The court held that the insurer should pay part of the insurance loss and the corresponding interest.