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Intermodal Transport Operator Liability Insurance is the first insurance product on the Polish market that comprehensively protects the interests of intermodal transport operators (as carriers).

Third party liability insurance for intermodal transport operators is the first insurance product on the Polish market that comprehensively protects the interests of intermodal transport operators (as carriers).

The forwarding agent is responsible for the carriers and further forwarding agents used in the performance of the order, unless he is not at fault in their selection.

  • Protection for performing terminal operations

    Protection for performing terminal operations

  • Coverage for damage in a shipping container

    Coverage for damage in a shipping container

  • Coverage in the event of damage whose location and date of occurrence are unknown

    Coverage in the event of damage whose location and date of occurrence are unknown

5 facts about intermodal transport and OTI civil liability

  • An intermodal transport operator is a carrier, not a freight forwarder.
  • OC OTI is the only insurance on the Polish market that protects the civil liability of intermodal transport operators and enables the transfer of risk to the insurer.
  • OTI civil liability insurance should be part of every OTI's insurance protection system – as a separate policy or clause (in the case of smaller operators).
  • OC OTI applies to domestic and international transport (including Chinese trains), and the insurance cover includes claims for damage consisting of loss, shortage or damage to goods in intermodal road-rail transport and damage to sea containers (cargo units).
  • The insurance cover includes transport and terminal operations.

Cases and judgments

  • Supreme Court ruling of 6 October 2004, ref. no. I CK 199/04:

    "If an offer is accepted which refers only to the carriage of goods, and no implied actions indicate the existence of additional contractual provisions covering services related to carriage, then the contract concluded by accepting the offer is strictly a contract of carriage and not a contract of forwarding."

  • Supreme Court judgment of 20 February 2018, ref. no. V CSK 205/17:

    “If the content of the offer submitted to the carrier refers only to the carriage of goods, and no implied actions indicate the existence of additional contractual provisions covering services related to carriage, then the contract concluded by accepting the offer is a contract of carriage and not a contract of forwarding.”

  • judgment of the Court of Appeal in Szczecin dated 29 December 2016, ref. no. I ACa 804/14:

    “The contract of carriage does not require, as the court of first instance rightly pointed out, that it be performed personally by the contracting party as the carrier, as the latter may engage third parties to perform it. The claimant also consented to the defendant using the contract of carriage. If a person accepts an offer which refers only to the carriage of goods, and no implied actions indicate the existence of additional contractual provisions covering services related to carriage, the contract concluded by accepting the offer is strictly a contract 199/04)

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