MARINE FACULTATIVE INSURANCE CLAIMS SETTLEMENT
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Marine cargo insurance is designed to protect goods from the risks associated with their movement from the seller's to the buyer's warehouse, and to guarantee the merchant absolute security through more comprehensive and rapid compensation than the carrier could provide in the event of a claim. In reality, the basis and mechanisms of this indemnity, which represents an obligation for the insurer and a right for the marine cargo insured, are relatively clear, i.e., they emerge from textual or contractual provisions. At least, there's nothing wrong with that. But the materialization of this inde...
Marine cargo insurance is designed to protect goods from the risks associated with their movement from the seller's to the buyer's warehouse, and to guarantee the merchant absolute security through more comprehensive and rapid compensation than the carrier could provide in the event of a claim. In reality, the basis and mechanisms of this indemnity, which represents an obligation for the insurer and a right for the marine cargo insured, are relatively clear, i.e., they emerge from textual or contractual provisions. At least, there's nothing wrong with that. But the materialization of this indemnity in the event of a claim is still hampered by a number of difficulties, which raise questions about the effectiveness of this process and therefore the legal security of this relationship, which is so fruitful for our economy and which now deserves special attention from the various institutions.
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