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TruckDisp Cargo Claims and Carrier Liability Flashcards

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  1. What is the statute of limitations for filing a cargo loss or damage claim against a carrier under the Carmack Amendment?

    Answer: 9 months from delivery

    Shippers must file cargo loss or damage claims within 9 months of delivery (or expected delivery for non-delivery) under the Carmack Amendment.

  2. A carrier delivers 100 pallets but the BOL shows 110 pallets were picked up. This is classified as:

    Answer: Freight shortage

    When fewer items are delivered than were picked up, this constitutes a freight shortage claim.

  3. Which party is responsible for filing a cargo claim when the shipment is sold FOB Destination?

    Answer: The consignee (buyer)

    Under FOB Destination terms, the seller retains title until delivery, but the consignee (receiver) typically files the claim since risk passes at destination.

  4. What is subrogation in the context of cargo insurance?

    Answer: An insurer's right to pursue the carrier after paying the insured's claim

    Subrogation allows the cargo insurer, after paying the shipper's claim, to step into the shipper's shoes and pursue recovery from the responsible carrier.

  5. A carrier refuses to pay a cargo claim, citing the 'act of God' exception. Which scenario would qualify?

    Answer: A tornado that damaged goods in a secure warehouse

    An act of God refers to extraordinary natural events that could not have been foreseen or prevented, such as a tornado directly damaging secured cargo.

  6. When should exceptions be noted on the delivery receipt for visible cargo damage?

    Answer: Before the driver leaves the delivery location

    Visible damage exceptions must be noted on the delivery receipt before the driver departs to preserve the shipper's claim rights.

  7. What is a 'freight claim' denial based on 'inherent vice' most likely to involve?

    Answer: Perishable goods that spoiled due to their natural tendency to deteriorate

    Inherent vice refers to a product's natural tendency to deteriorate or damage itself, such as perishables spoiling under normal conditions.