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News: The quarantine defence under COGSA in the age of COVID-19
News & Insights 1 April 2020
Ships trading to the US might be subject to quarantine in the fight against the spread of the virus. Would a carrier be liable for a loss or damage to the cargo resulting from a quarantine measure?
Ships trading to the US might be subject to quarantine in the fight against the spread of the virus. Would a carrier be liable for a loss or damage to the cargo resulting from a quarantine measure?
There are not many cases that deal with the quarantine defense under COGSA. The attached article from Lyons & Flood presents two US court decisions that address the quarantine defense, highlights the order of proof in the defense of cargo claims, and the inapplicability of the defense after discharge of the cargo.