A food importer imported goods via maritime shipping. In retrospect, it turned out that a chemical process had already begun with the mixture on the ship, even though it was only in the warehouse where the goods were stored after they were unloaded from the ship and before the land shipment began that the chemical process caused a fire to break out and cause damage to additional goods.
The Court found that the food importer is entitled to the insurance proceeds. In order to show a right to insurance funds in a marine insurance policy, the insured must show that the damage was caused, the event occurred during the insurance period and the damage event is within the scope of the insured risks. The insurance applies only as long as the goods are in transit and the insurance coverage period ends when the goods are received by the customer. However, to the extent that the damage is caused during the transportation by an insured risk - the insurance covers even after the end of the insurance period. Here, the goods were damaged during the transportation of the goods and therefore in any case there is insurance coverage. Beyond that, although the policy does not have a definition for a temporary warehouse, it is clear that a temporary warehouse is the place of storage until the cargo has reached the final destination mentioned in the bill of lading and therefore the importer is entitled to receive the maritime insurance proceeds.