Transportation and Cargo Loss Subrogation

For more than 30 years, Matthiesen, Wickert & Lehrer, S.C. (MWL) has been representing the transportation and cargo loss subrogation needs of dozens of carriers both domestic and international. This includes insurance companies, trucking companies, shippers, freight forwarders, logistics companies, and warehousemen. Cargo claims often involve maritime law and maritime insurance insuring the transportation of cargo on both land and sea. A claim for loss or damage to cargo provides our clients with recovery opportunities which must be promptly and aggressively protected and pursued. We utilize a variety of laws to effectively subrogate your losses, including the Carriage of Good by Sea Act (COGSA), treaties such as Hague-Visby or the Hamburg Rules, the Pomerene Act and the often-misunderstood Carmack Amendment (now known as the ICC Termination Act) to the Interstate Commerce Act. When international air shipments are at issue, we understand and apply the Montreal Convention, MP-4, the Rotterdam Rules, or the Warsaw Convention. Wading through the confusing and often conflicting transportation documents such as the bill of lading, manifest, broker agreements, freight-forwarding agreements, etc. remains a necessary evil of effective cargo subrogation. MWL strives to make the claim simple and understandable for its clients. This is especially important in overcoming traditional hurdles to successful cargo and transportation subrogation, such as Limitation of Liability clauses and released valuation defenses, where a value lower than the usual commercial value of a commodity or goods are agreed upon by carriers and shippers to obtain a released rate and reduce the carrier’s liability.

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