
Forward: Transport and Logistics Insurance podcast
"Forward: Transport and Logistics Insurance podcast is a dedicate for anyone in the transportation and logistics industry. Join our expert guests as they discuss the latest trends and insights on how to mitigate risk. Together we will analyze cases studies of insurance claims to learn from mistakes. Stay ahead of the claim with Forward - the podcast that drives your success and mitigates your risk in transport and logistics."
Forward: Transport and Logistics Insurance podcast
Case Study: Agent or Carrier? When Due Diligence Lead to Gross Negligence
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Gediminas Dauksa
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Episode 15
This podcast 🎙️ episode explores a case from Lithuania's Supreme Court that addresses forwarders as agents liability and operational due diligence in international transport 🏛️. Gediminas Daukša, in this solo episode, breaks down a 2011 case where a seemingly routine shipment led to legal implications for the transport industry 📦.
Key Takeaways
- Contract clarity is crucial - your operational role cannot be retroactively reinterpreted
- Proper subcontractor verification is a fundamental obligation, not just a formality
- Gross negligence can strip away CMR Convention liability limitations
- Failure to notify clients of operational changes can constitute serious negligence
- The distinction between freight forwarder and carrier roles has significant legal implications
- Courts will examine actual contract terms rather than post-incident explanations