Leter of indemnity is the result of compromise between shippers and carriers in international marine transportation. The practice that cleaning bill of lading is issued on the condition that letter of indemnity is obt...Leter of indemnity is the result of compromise between shippers and carriers in international marine transportation. The practice that cleaning bill of lading is issued on the condition that letter of indemnity is obtained undermines the interest of the third party,and contradicts international practices and laws. The insurers are unaware of the existence of letter of indemnity and in this case,they do not know at time of recovering, that they are bound to the liability limit clause and faced with carriers. declining liability, therefore,they become the final victims of this practice. To protect their own interest, the insurers are entitled to repudiate the claims in which the practice of cleaning B/L being issued on the condition that L/I is obtained occurs. This article intends to suggest that the relative laws provide for L/I informing obligor and the marine insurers take all measures to protect their own interest.展开更多
文摘Leter of indemnity is the result of compromise between shippers and carriers in international marine transportation. The practice that cleaning bill of lading is issued on the condition that letter of indemnity is obtained undermines the interest of the third party,and contradicts international practices and laws. The insurers are unaware of the existence of letter of indemnity and in this case,they do not know at time of recovering, that they are bound to the liability limit clause and faced with carriers. declining liability, therefore,they become the final victims of this practice. To protect their own interest, the insurers are entitled to repudiate the claims in which the practice of cleaning B/L being issued on the condition that L/I is obtained occurs. This article intends to suggest that the relative laws provide for L/I informing obligor and the marine insurers take all measures to protect their own interest.
