III. The claims resulting from the casualty
The casualty resulted in two claims:
Nexans and its cargo insurerer Axa claimed damages for the loss of the cable from KN, and
KN presented a recourse claim against Pentagon in the event that KN were held liable towards Nexans.
The basic issue in Nesdan’s claim was whether the incident was subject to the Maritime Code or the Road Carriage Act. Before discussing the reasoning of the Supreme Court, I mention the contractual ties between Nexans and KN, and give a short summary of the possibly relevant stipulations in both the Code and the Act.