Current Position >> Home  >> Case Digest 

Examination of Unilaterally Entrusted Appraisal Report in Marine Insurance Contract Disputes

 

[Abstract] The plaintiff imported a batch of fishmeal. After transporting it to the warehouse, it was found that some of the fishmeal had deteriorated due to water. The plaintiff therefore sued the insurer as the defendant for insurance compensation. The parties’ opinions varied widely on the amount of cargo damage, and the validity of two related appraisal reports became a controversial issue. The judgement of this case held that the appraisal reports entrusted by the parties themselves should be reviewed as general documentary evidence. The presiding judge analyzed whether the appraisal reports were reliable and valid based on factors such as the qualifications of the appraisal agencies and inspectors, the degree of participation in the cargo damage inspection, and the timeliness of the inspection and appraisal. Meanwhile, other known facts and evidence were also taken into consideration.(Translated by Wei XiaoXin)