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Forward: Transport and Logistics Insurance podcastAgent or Carrier? The Costly Liability Trap for Freight ForwardersJoin us for another episode of the Forward podcast 🎙️. This time, we discuss with Otmar J. Tuma when a "freight forwarder" is actually liable as a carrier. Three key takeaways📝 Signing transport contracts? You're likely bound by CMR liability regardless of your forwarder terms 💰 Hidden commissions (fixed costs) or cargo consolidation automatically trigger carrier-level liability 🚚 Your actions, not your paperwork, determine your liability—control the transport process, bear the responsibility2025-04-0212 minForward: Transport and Logistics Insurance podcastWellbeing in Logistics"If you can't handle the stress, you're not cut out for logistics." - how many times have you heard this? In our latest Forward Podcast episode, I sit with Ewelina Jaworska-Bień to challenge this damaging mindset.We dive into: Why "toughing it out" culture needs to change How modern health benefits can transform workplace wellbeing Practical solutions for preventing burnout in our high-pressure industryLogistics professionals are experts at moving goods efficiently - but does the industry care about the most valuable asset: our people?Key takeawaysEmployee well-being is cruci...2024-12-1818 minForward: Transport and Logistics Insurance podcastAdvise: Agent v Principal in Freight ForwardingIn this episode of 'Quick Tips on Cargo Insurance ' 🎯 Let's talk agent vs principal status! As an agent, you connect parties. As a principal, you're fully liable for cargo damage 🚛 Proper insurance coverage makes all the difference! 📦2024-11-2901 minForward: Transport and Logistics Insurance podcastCase Study: Agent or Carrier? When Due Diligence Lead to Gross Negligence 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 TakeawaysContract clarity is crucial - your operational role cannot be retroactively reinterpretedProper subcontractor verification is a fundamental obligation, not just a formalityGross negligence can strip away CMR Convention liability limitationsFailure to notify clients of operational changes can constitute serious negligenceThe distinction between freight forwarder and carrier roles has significant...2024-11-2703 minForward: Transport and Logistics Insurance podcastAdvise: Delay and InsuranceIn this episode of 'Quick Tips on Cargo Insurance' 🎙️, even the most comprehensive coverage has hidden gaps that might catch shippers off guard. You might think your ICC A 2009 policy protects your cargo against everything, but there's one critical exclusion that you should be aware off - delay 📦⏳2024-11-2201 minForward: Transport and Logistics Insurance podcastGross Negligence in EuropeThis podcast 🎙️ episode delves into the complexities of gross negligence within the context of international transport law in Europe. Gediminas Daukša and Otmar Tuma discuss the implications of these legal concepts for carriers, highlighting the differences in interpretation and application across various European jurisdictions. takeawaysGross negligence is defined as a severe failure of care.Different countries have varying interpretations of gross negligence.Austria tends to favor cargo interests in legal cases.Germany imposes a secondary burden of proof on carriers.Italy equates gross negligence with willful misconduct.The Netherlands applies a subjective standar...2024-11-2118 minForward: Transport and Logistics Insurance podcastAdvise: Temperature Control: The Hidden Risks in Cargo InsuranceIn this episode, we explore the often-overlooked world of temperature-regulated shipments and their unique insurance needs. We dive deep into the Institute Frozen Food Clauses, revealing surprising limitations and crucial coverage details. Learn about the specific scenarios covered, from refrigeration breakdowns to vessel capsizing, and discover why standard all-risk coverage might not be enough for your temperature-sensitive cargo. 2024-11-0801 minForward: Transport and Logistics Insurance podcastAdvise: When Does Your Cargo Insurance Really End?In this episode of 'Quick Tips on Logistics Insurance,' we tackle an often misunderstood aspect of cargo insurance: its termination point. Many shippers assume their coverage extends until goods reach their final destination, but the reality is more complex. We explore various scenarios that can prematurely end your insurance coverage, including:The importance of complete unloading at the final destinationHow interim storage affects your coverageThe risks of using containers for extended storageThe critical 60-day countdown after port discharge2024-10-2501 minForward: Transport and Logistics Insurance podcastWho Covers Cleanup Costs in Cargo Incidents?In this episode of the Forward Podcast, hosts Gediminas Daukša and Justina Rumšaitė delve into the complexities of transport insurance, particularly focusing on liability issues arising from cargo rescue 🚛. They discuss a hypothetical scenario involving a truck accident in Norway, exploring the roles of different types of insurance, including MTPL and CMR insurance, in covering cleanup and rescue costs 🛠️. The conversation highlights the challenges faced by insured parties in navigating claims and the inconsistencies in court rulings across Europe regarding insurance responsibilities ⚖️.Key takeawaysThe responsibility for cleanup costs can fall under different insur...2024-10-2309 minForward: Transport and Logistics Insurance podcastAdvise: When Are Institute Cargo Clauses B Sufficient? In this episode of "Quick Tips on Logistics Insurance," we explore the often-overlooked Institute Cargo Clauses B. Learn when these clauses might be the perfect fit for your shipments, potentially saving you money without compromising on necessary coverage. We discuss suitable cargo types, journey considerations, and key differences from Clauses A. Whether you're shipping bulk commodities or sturdy goods on straightforward routes, this episode will help you make smarter, more cost-effective cargo insurance decisions. 2024-10-1801 minForward: Transport and Logistics Insurance podcastPort Strikes, Thefts and Other Risks in Global ShippingIn this podcast episode 🎙️ Gediminas Daukša and Thomas Ptacek discuss the recent port strike on the East Coast of the USA, its impact on the shippers, and how it overshadows broader risks such as cargo theft and cybersecurity threats. They emphasize the importance of proactive risk management and the need for innovative insurance solutions to address emerging challenges in the logistics sector.2024-10-1611 minForward: Transport and Logistics Insurance podcastAdvise: Mind the Gap: Navigating Policy Duration in Cargo InsuranceIn this episode of 'Quick Tips on Logistics Insurance,' we unravel the complexities of policy duration in cargo liability insurance. Discover why the definition of "duration" can vary between insurers and how this seemingly small detail can lead to significant coverage gaps when switching providers. Whether you're a seasoned logistics professional or new to the field, this episode provides essential insights to keep your shipments safe and your business covered.Key points:Understanding different approaches to policy durationThe potential coverage gap when switching insurersTips for ensuring continuous protection for your cargoWhy details matter in cargo...2024-10-1101 minForward: Transport and Logistics Insurance podcastInterpreting Liability Limits in International TransportIn this episode, we discuss a case involving Philip Morris's transportation of cigarettes and the subsequent loss of the cargo. The case raises important issues in international transport law, including the interpretation of liability limits and the payment of taxes. The Dutch Supreme Court ruled in favor of a narrow interpretation of liability limits, limiting the carrier's liability. The case also highlights the importance of cargo insurance and the choice of jurisdiction in international transport cases.Link to case: https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:PHR:2006:AW30412024-10-0906 minForward: Transport and Logistics Insurance podcastMergers and acquisitions: how much you should be concerned?In this episode, Gediminas Dauksa and Brian Alexander discuss DSV's recent acquisition of DB Schenker. They focus on the risks associated with mergers and acquisitions from an insurance perspective. They explore the importance of Directors' and Officers' insurance, the role of crime insurance, and the potential for information security risks during such transitions. takeawaysThe acquisition of DB Schenker by DSV creates a logistic giant.Mergers and acquisitions carry significant risks that need to be managed.Directors' and Officers' insurance is crucial during mergers.Employee infidelity is a major concern in corporate crime.Crime i...2024-10-0915 minForward: Transport and Logistics Insurance podcastAdvise: Institute Strike Clauses In this episode, we explore the critical gap in standard cargo insurance policies regarding strikes and demonstrations. We discuss why Institute Strike Clauses are essential, highlighting recent global events that underscore their importance. Learn how to protect your shipments against unexpected disruptions and ensure comprehensive coverage for your cargo. 2024-10-0401 minForward: Transport and Logistics Insurance podcastAdvise: Thief Attractive Goods This episode reveals a crucial aspect of cargo liability insurance that many logistics professionals overlook. Learn about the special clauses in CMR and freight forwarders' liability insurance policies for high-value or theft-attractive goods. We discuss common policy limits, special requirements for secure transportation, and why reviewing your policy proactively is essential. 2024-09-2701 minForward: Transport and Logistics Insurance podcastOne size does not fit all in cargo liability insuranceIn this episode, Gediminas Daukša and Otmar Tuma discuss a significant court case involving the theft of cigarettes and its implications for cargo liability insurance and liability in the transport and logistics industry. They emphasize the importance of understanding insurance obligations, the need for adequate coverage for high-value goods, and the variations in legal interpretations across jurisdictions. The conversation highlights the necessity of reading the fine print in insurance policies and staying informed about legal requirements to mitigate risks in international logistics.takeawaysCargo liability insurance must reflect the value and potential liabilities o...2024-09-2517 minForward: Transport and Logistics Insurance podcastAdvise: Double Insurance In this episode, we uncover why having two policies on the same cargo isn't the safety net you might think it is. We explain why this approach doesn't prevent the recovery process it aims to avoid. Discover why freight forwarder's liability insurance might be a smarter choice for your shipping needs. Tune in for this essential guide to smarter, more cost-effective cargo protection. 2024-09-2001 minForward: Transport and Logistics Insurance podcastResilience and Adaptability: The Ukrainian Insurance MarketThe conversation discusses the state of cargo insurance in war-torn regions, with a focus on Ukraine. The insurance market in Ukraine is still functioning, although it has been greatly impacted by the war. The local market is expanding to cover military risks, including the transportation of military goods. The coverage for war risks is provided by leading companies in Ukraine, and the coverage can be provided up to half a million euros. The availability of insurance coverage depends on the region, with closer proximity to the conflict regions making it more difficult to obtain insurance. Despite the challenges, the...2024-09-1810 minForward: Transport and Logistics Insurance podcastAdvise: Ordinary Course of Transit This episode delves into the crucial concept of "ordinary course of transit" in cargo insurance. We explore how seemingly innocent deviations from the planned route can void insurance coverage, potentially leading to significant financial losses. Through a real-life example of a denied claim due to an unauthorized detour, we highlight the importance of adhering to the agreed-upon transportation plan.2024-09-1301 minForward: Transport and Logistics Insurance podcastThe Coverage and Support Provided by Cyber InsuranceIn this podcast episode, Gediminas Dauksa and Anita Molitor discuss the recent ransomware attack on a global logistics company and the industry's increasing vulnerability to cyber attacks. They highlight the importance of cyber insurance in mitigating the financial and operational risks associated with such attacks. The conversation also discusses the need for improved cyber hygiene and compliance with regulations like NIS2. Anita Molitor emphasizes the role of cyber insurance in providing financial support and crisis management during a cyber attack.TakeawaysThe logistics industry is increasingly vulnerable to cyber attacks, and cyber insurance can...2024-09-1112 minForward: Transport and Logistics Insurance podcastAdvise: Timing is Everything: The Institute Cargo Clauses AIn this episode, we unravel the complexities of Institute Cargo Clauses A, 2009 version. Learn about the comprehensive "all risk" coverage it offers and why securing your policy before cargo loading is critical. Discover how timing can make or break your insurance protection, especially when it comes to insufficient packing and loading exclusions.Copy2024-09-0601 minForward: Transport and Logistics Insurance podcastCargo Liability: High-Value, High-Tax GoodsThis podcast episode discusses a legal case involving a stolen shipment of cigarettes and the subsequent dispute over who should pay for the excise duty. The case revolves around the interpretation of Article 23.4 of the CMR Convention and the question of whether excise duty on stolen goods should be considered as 'other charges' under the convention. The UK Supreme Court ultimately upheld a previous decision that carriers should be responsible for paying the excise duty. The episode highlights the importance of appropriate cargo insurance coverage, understanding international conventions, and being prepared for legal battles in the logistics industry.2024-09-0406 minForward: Transport and Logistics Insurance podcastAdvise: Partner Verification: A Logistics Safety Essential This episode explores the critical importance of thoroughly vetting your business partners in the logistics industry. We discuss practical steps for implementing a comprehensive due diligence process, covering everything from document verification to sanctions checks. Learn why neglecting partner vetting can lead to serious consequences and how proper due diligence acts as a crucial safeguard for your business in today's interconnected digital landscape. 2024-08-3001 minForward: Transport and Logistics Insurance podcastNavigating Jurisdictions in Logistics Court CasesIn this episode, Gediminas Daukša and Otmar J. Tuma discuss a court case involving the theft of electronic equipment during transportation. They explore the issue of jurisdiction and the conflict between contractual clauses and the provisions of the CMR convention. They highlight the importance of choosing the right jurisdiction for legal proceedings and the different interpretations of gross negligence in different countries. They also share a case study where selecting the Netherlands as the jurisdiction saved the carrier millions of euros. The conversation emphasizes the need for a good understanding of the legal environment in the logistics industry.2024-08-2817 minForward: Transport and Logistics Insurance podcastAdvise: Why Good Intentions Don't Always Make Good Insurance In this episode of Quick Tips on Logistics Insurance, we explore the critical issue of insuring shipments outside your direct responsibility. Discover why Article 11.1 of the Institute Cargo Clauses matters to every freight forwarder, and learn how to protect your business while maintaining industry relationships. This quick, informative session could save you from a costly insurance mistake. 2024-08-2301 minForward: Transport and Logistics Insurance podcastJurisdiction Matters: A Tale of International Logistics and Legal Complexities In this episode we unravel a fascinating case that showcases the intricate interplay between international shipping, insurance claims, and legal jurisdictions. Episode Summary:A valuable computer equipment shipment from ACC Distribution is stolen during transport by Reno-Sogistik.Insurance company Gensiediege pays out €205,000 and seeks to recover from Reno-Sogistik.Legal battles ensue in both the Netherlands and Lithuania, highlighting jurisdictional complexities.The case reaches the European Court of Justice, emphasizing the principle of mutual recognition among EU countries.This case illustrates the complex nature of international shipping law and underscores the importance of legal exp...2024-08-2104 minForward: Transport and Logistics Insurance podcastAdvise: The Insurance Gap: Cargo vs Liability In this episode, we reveal the critical distinction between cargo insurance and cargo liability insurance. Learn why shippers shouldn't rely solely on their logistics partner's insurance and discover the importance of securing proper cargo coverage. This essential insight could save you from unexpected losses and complicated claims processes. 2024-08-1601 minForward: Transport and Logistics Insurance podcastInternational Sanctions and LogisticsIn this episode, Gediminas Daukša and Karina Gedeukaita discuss the impact of international sanctions on logistics companies. They highlight a recent case in Lithuania where a company was fined 13 million euros for violating sanctions. They explain that fines are based on factors such as turnover and the value of goods or services. The conversation explores the challenges faced by logistics companies in complying with sanctions and provides practical tips for mitigating risks. The key takeaways include the importance of checking sanctions databases, conducting due diligence on customers and partners, and maintaining evidence of compliance efforts.T...2024-08-1411 minForward: Transport and Logistics Insurance podcastGeneral Average and Baltimore BridgeThis week on the Forward podcast, we have a special episode that is not part of our regular schedule. Our guest is Karina Gaidukaite from GrECo International LT, and we discussed the recent Baltimore Bridge disaster. With so many stories circulating in the media, we aim to provide our view on the history of ships versus bridges, the general average rule, and what the recent accident could mean for container owners.Music: "Backbay Lounge" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.02024-04-1110 minForward: Transport and Logistics Insurance podcastDemonstrations, Haulers and InsuranceThis week, we met with Ugne Kariniauskaite from GrECo International LT and discussed recent demonstrations that have rocked Europe. While these protests primarily target governments and supermarkets, protestors are not shy of venting their frustration at road trucks. Do these demonstrations qualify as unavoidable events, and can the risk be mitigated with cargo liability insurance?Music: "Backbay Lounge" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.02024-04-0309 min