Chapter 5 Flashcards
Examples of business that have a bailee’s exposure
Drycleaners Garages Jewellars Furriers Trucking firms Couriers
Bailee for hire
One who has temporary custody of the personal property of another for a purpose other than sale, and who is compensated as a condition of the custody - The level of care required of bailees by law.
Ordinary Care
Requirement to take the same care of goods of others as would be taken by prudent and diligent owner of such goods
When could bailees be held responsible for damage to customers’ property?
Bailees may be responsible to customers property when negligent in common law or in contract
When would bailee be responsible for damage to customers property
Bailees may be responsible for damage to customer’s property when negligent in common law or in contract
The coverage that bailees exposure is usually insured by under most commercial property policies.
Stock
Two other types of bailee policies
Legal Liability policy
A special Bailees Customer Policy that insures direct loss or damage to customers property, regardless of fault.
Two coverage areas normally provided by Inland Transportation policies
In Transit
During delay incidental to transit
When could bailees be held responsible for damage to customers’ property
Bailees may be responsible to customers property when negligent in common law or in contract
The two factors to determine whether the owner or the carrier should purchase insurance on a shipment - Inland Transportation Insurance
Weather the owner or carrier is responsible for loss to the property -who is responsible
to what extent
Common carrier
Includes airlines, airlines, railroads, trucking companies and others that provide transportation to an member of the public.
Contract carrier
One that carries, for pay, goods of certain customers only
Private carrier
One who hauls their own goods or goods entrusted to them as bailees or lessees, including shippers who own or lease their vehicles and carry their own goods
The responsibility owned to property owners by common carriers
The safe delivery of goods entrusted to them
Common carriers will not be held responsible for all losses to goods in their possession. identify five of these losses
Acts of god acts of public enemies acts of public authority neglect or default of shipper inherent vice of property transported
Standard (ordinary) bill of lading
Used to reflect (and limit) the amount that the common carrier is legally liable for
Valued bill of lading
Increases the carriers liability, usually requested by the owner when the value of the goods exceeds the value stated in the standard bill of lading
Released bill of lading
Releases the carrier from any liability for the goods transported
The Transportation Floater (broad form) is designed for these types of property
Owned by the insured
Owned by others but for which the insured is responsible
Sold but not delivered
When does coverage begin and end when insured by a Transportation Floater Broad form
coverage begins when property leaves the premises and continues until property is unloaded at final destination