The Archive · 1930

Insurance Claim Judgment

PROVISIONAL COURT

Judgment has been given in the claim for approximately Tls. 46,000 brought against the Berlin Hamburger Land & Water Transport Company and their local agents, the Eastern Insurance Ca. A-19 Canton Road, in the civil division of the Provisional Court.

'The claim was brought by nine Chinese shippers in consequence of the loss of cargo shipped by them aboard the str. Hsinchi, ex route for Fokien, on November 6G, 128, The cargo' was insured with the Eastern Insurance Ca. The steamer struck a submerged rock on November 8, 1928, and was looted by pirates, who also set fire to what they could not carry away. A Chinese gunboat and a British destroy-subsequently succeeded in capturing nineteen of the pirates.

The insurance company—der that the goods were ever on board the Hsinchi, or that there wa any loss of same, and, alternatively, asserted that if there was such a loss it was not caused by perils insured against, but was occasioned by piracy, armed or otherwise, oF {from the consequences thereof.

Mr. Tsai Jutung appeared throughout for the various pi tiffs. "Dr. F, Wilhelm represented the defendant insurance company.

'The judgment, which is expected! to affect other' claims—totalling proximately Tls. 500,000 arising' Jin consequence of the loss of the same vessel, and to create a precedent in such eases, holds that the nine plaintiffs were entitled to the compensation they' claimed from the foreign company land allows their claims as follow:

The first plaintiff to receive Tls. 16,460; the second, Tls. 10,300; the third, "Tls. 5,351; the fourth," Tls. 5,000; the fifth Tis, 3,000; the sixth, Tls. 1,200; the seventh, Tls. 3,200.217; the eight, Tls. 1,000, and the ninth, Tls. 600." The aggregate amount which the Insurance Company is ordered 16 pay to these plaintiffs is accordingly Tls. 46,210, with interest of six per cent. front

Text read from the printed page and cleaned; old type leaves the occasional error.

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