Gard, as a liability insurer for shipowner and charterers, has faced several large value soya bean damage claims in Chinese courts for damage to soya beans carried from Brazil. Shipowners ought not to be held liable for damage when the damage results from microbiological instability, a natural process that occurs due to moisture content of the beans, their temperature at loading and the time in the stow. Christopher Mackrill, Gard’s leader for cargo claims and Louis Shepherd, a Senior Claims Adviser and solicitor in our London office, discuss the legal and commercial landscape underpinning these claims.
Their discussion builds upon our videos – Microbiological instability in soya bean cargoes and Best Practice for Ventilation of soya bean and grain cargo. In this, our third and last video on soya bean claims, Christopher and Louis summarize why we continue to see these claims and our aim to defend our members and clients to reduce these losses.