Page 30: of Maritime Reporter Magazine (April 2015)

PORT RISK

Courts have held that the Terminal Operator or Warehousekeeper must act prudently to protect the goods from damage by taking preventive measures before and after a storm.

Proper risk management and storm plans are a critical in protecting customers goods while in your care, custody and control.

? elds to complete such as an amount per Operators and Warehousekeepers cannot ing can play an integral part in a terminal cialists is more important in managing pound, they are often left blank. be legally liable for catastrophic events operators or warehouse’s risk manage- terminal and warehouse risks than ever

In situations where a warehouse re- such as hurricanes or ? oods. However, ment efforts, there are a lot of other mov- before. Seeking quali? ed help can help ceipt does not contain these provisions, the Terminal Operator has been found ing parts that can be called into question marine facilities ? ll in gaps in insurance the warehouse can be held liable in dam- to be legally liable to protect the goods when a loss results. coverage, proactively address property ages to anyone who sustains ? nancial from an impending event or after the For instance, while Warehouse Legal or operational exposures and manage the injury because of the omission. If the storm has passed. Courts have held that Liability covers a loss of stored goods at complexity that comes with moving and goods are not under a warehouse receipt the Terminal Operator or Warehouse- an insured location, what if damage oc- storing goods that are a vital part of sup- the calculation of legal liability would keeper must act prudently to protect the curs while unloading the truck? There ply chains.

be based on the Bill of Lading; however, goods from damage by taking preventive are also situations where concealed dam- if the goods have been taken out of the measures before and after a storm. Prop- age is involved – that is, damage that is due course of transit, the Bill of Lad- er risk management and storm plans are concealed at the time of delivery. Like- ing would no longer apply. In situations a critical in protecting customers goods wise, while terminal operator’s liability where a terminal operator has allowed while in your care, custody and control. would provide protection for goods still goods to remain at the location for an on the move, what if a warehouse receipt

The Author extended amount of time without issuing Complex Claims is issued for just a short delay? Or what a warehouse receipt, that terminal opera- Supply chain risks are complex. So, if no warehouse receipt is issued, but the

Virginia Cameron is Senior Vice Presi- tor may ? nd they are legally liable for too, are the insurance claims that result goods are no longer in the due course of dent of Inland and Ocean Marine in XL the full replacement cost of the goods from moving goods to various points transit?

Group’s North America Marine business while in their care, custody or control. around the world. While documentation Working with seasoned marine risk where she oversees strategy, underwrit-

Most people believe that Terminal like warehouse receipts and bills of lad- management, insurance and claims spe- ing and training.

30 Maritime Reporter & Engineering News • APRIL 2015

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