On 18 Jan 2019, director Yang Yunfu of Yang & Lin Co Law Firm addressed on 2 Latest Typical Cases Represented by Yang & Lin, and vice director Zhang Guoqing of Shanghai branch office gave a lecture on Influence Factors and Legal Issues of Cargo Damage to Soybeans for China Shipowners Mutual Assurance Association.
Xue Xuemei and Yan Lifang, the general manager assistants of the Association, attended the lectures with personnel from the claim department, special insurance department and ship insurance department, etc. There were about 15 attendees. Hong Kong branch and Dalian branch listened to the lectures via video.
Vice director Zhang Guoqing of Shanghai branch office gave a lecture on Influence Factors and Legal Issues of Cargo Damage to Soybeans. Relating to his rich experience of case handling, he gave a detailed analysis on the type, cause, possible factors of cargo damage to soybeans, preventative measures, obligation of the carrier to take care of cargo.
Director Yang introduced 2 Latest Typical Cases Represented by Yang & Lin.
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Collision of MV “Xin Hai Tong 2”
On 23 June 2015, MV “Xin Hai Tong 2”covered by Fujian CPIC collided with MV “Lu Hang 17” in the waters of Jiangyin, Jiangsu. MV “Xin Hai Tong 2”soon contacted with Sanfeng wharf and collided with MV “Wan Shun Hang 9966”. Wuhan Maritime Court decided MV “Xin Hai Tong 2”to bear 60% liability, and MV “Lu Hang 17”to bear 40% liability. Fujian CPIC entrusted Yang & Lin to represent the case of MV “Xin Hai Tong 2”. With utmost efforts of this law firm, Hubei Higher People’s Court amended the judgment and decided 40% liability shall go to MV “Xin Hai Tong 2” and 60% MV “Lu Hang 17”.
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MV “Tian Li 69”Transends Navigating Area
MV “Tian Li 69”covered by Fujian CPIC stranded and sank at the Huayang reef, Nansha in the South China Sea in October 2014. Dispute over insurance contact rose thereof. The insured filed a lawsuit against Fujian CPIC before Haikou Maritime Court. Fujian CPIC entrusted Yang Yunfu and his colleagues.
MV “Yang Fan 27”also sank at the Huayang reef, Nansha in the South China Sea in Jan 2015. In this similar case, Ningbo Maritime Court decided Ningbo CPIC shall be liable for compensation on 28 September 2017.
With utmost efforts of this law firm, Haikou Maritime Court decided Fujian CPIC shall not be liable on 14 Dec 2017 (about 2 months later than Nijingbo Maritime Court). The insured appealed and Hainan Higher People’s Court decided to affirmed the original judgment on 13 Sep 2018. Fujian CPIC won both trials.
Zhejiang Higher People’s Court amended the judgment to the case of MV “Yang Fan 27”on 30 Sep 2018. Ningbo CPIC shall not be liable for compensation.
The CPIC headquarter and Fujian branch spoke highly of Yang & Lin. In December 2018, Fujian CPIC sent a banner to the law firm. The banner read Professional and Dedicated Maritime Lawyer Elites.
China Shipowners Mutual Assurance Association gave high praise to their enlightening and thorough lectures.