Petitioner
Loadmasters Customs Services
Respondent
Glodel Brokerage Corporation
Citation
G.R. No. 179446
Court
Supreme Court
Division
Second Division
Ponente
Mendoza, J.
Decided
January 10, 2011

Summary

This case involves the liability of transportation companies for lost cargo and insurance subrogation rights. Columbia's copper cathodes were lost during transportation by Loadmasters under contract with customs broker Glodel. After R&B Insurance paid indemnity to Columbia, it sued both companies for reimbursement. The Supreme Court held both Loadmasters and Glodel are common carriers subject to extraordinary diligence standards. Finding both negligent in the cargo loss, the Court declared them jointly and severally liable for the full insurance indemnity amount. However, Glodel's cross-claim against Loadmasters was denied for procedural failure to file proper cross-claim. The decision clarifies common carrier liability, subrogation rights, and the importance of proper procedural compliance in seeking indemnification from co-defendants.

Statutes applied

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By Intellegal Editorial Board · January 10, 2011

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