Cargo Claims

Selman Breitman is routinely called on by clients, including freight forwarders, carriers, non-vessel ocean commercial carriers (NVOCCs), brokers, importers, exporters and shippers, and warehouse keepers to represent their interests in transportation matters. 

Our experience includes defending cargo based claims and freight charge collection cases, including actions involving cargo transported by truck, water, air or rail.  We handle cases arising out of the ICC Termination Act (previously known as Carmack Amendment), the Carriage of Goods by Sea Act (COGSA), and a variety of related maritime and aviation laws.  Frequently, cargo claims involve circumstances where an insurance carrier is seeking to recover damages on behalf of their insured (normally the cargo owner, shipper or broker) through a subrogation action.  For the carrier, broker, or their insurer, these claims present a number of challenging issues, including making a determination of what law should apply to the action, whether any defenses to the claims exist at law, any whether any limitations of liability can be enforced. 

Our Trucking and Transportation attorneys are also experienced in defending these claims, and working with our clients in an advisory capacity to make certain that shipping agreements adequately protect their interests.

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