Shows
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 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 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 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 min