Dismissal of the insurance company's claim for damages against the carrier

Facts

[C. AG] commissioned [D. AG] to transport 35 one-way pallets of chocolate from [U.] to [V.] . [D. AG] subcontracted the transport to the Austrian carrier [F. GmbH] , which in turn commissioned the Latvian company [B.] with the transport. On June 8, 2015, the consignee [E.] refused to accept the goods, as they were damaged, in poor condition and partially missing. [A.] Insurances AG, which had compensated the damage to [C. AG] , sued [B.] for damages in the amount of CHF 111,783.05. The Commercial Court of the Canton of Aargau dismissed the claim, as the appellant had not sufficiently substantiated the damage.

Considerations

The Federal Supreme Court confirms the decision of the lower court. It states that the appellant has not sufficiently justified its claim of total loss. While it is generally sufficient if the partial damage to the goods excludes the marketability of the entire consignment and thus amounts to an economic total loss, the appellant would have had…