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The court of second instance supported the judgment of first instance about oil pollution damage
日付:[2017/8/24] ビュー 10480 回数 [印刷] [閉じる]

On 23 November 2016, the court of second instance supported the judgment of first instance on the appeal case about the right of subrogation of oil pollution damage caused by MT “Xu Yang 11”. The shipyard appealed that Mr. Xu Dingyang, who was a sole-individual investing the shipyard, was the major shareholder of the owner of MT “Xu Yang 11” (the insured), the other two shareholders of the insured were Mr. Xu Dingyang’s wife and daughter, and there were confusion in shareholder, employee and capital between the shipyard and the insured, and the shipyard and the insured have common and same economic interest, thus the shipyard was the member of the insured and the insurer should not exercise the right of subrogation against the member of the insured. Hightime’s lawyers took the shipyard and the insured were independent enterprise entity, although there were confusion the shipyard should not benefit from illegal act and the shipyard should not be recognized as the member of the insured. The court of appeal supported the standpoint of Hightime’s lawyers.


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