Interlegal Ukrainian and Romanian offices defended rights of the largest insurer of transport and logistic risks
12 декабря 2018 г.: ru 9 en 115 декабря 2018 г.: ru 5 en 314 декабря 2018 г.: ru 31 en 1 всего: 114 12.12.18
The client – leading insurance company specialized in insurance against risks arising in the process of cargo transportation filed a request to Interlegal on damage recovery as subrogation.
The right of claim (tight of subrogation) arose due to reimbursement of damages incurred by the cargo owner due to cargo loss in the process of its transportation by road.
It is quite untypical case of cargo loss. In the process of cargo (cheese) transportation, illegal immigrants appeared in the cargo compartment and even ate/damaged its part. Of course, the buyer refused to accept the damaged cargo.
According to Convention on the Contract for the International Carriage of Goods by Road, the carrier shall bear responsibility for preservation of transported cargo from the moment of its acceptance for carriage and till the moment of its delivery to the consignee.
Having paid insurance recovery, the Insurer, under the Subrogation Act, acquired the right to recover damages against the guilty person – the Romanian transport company.
Since attempts to settle the dispute amicably were ineffective, Interlegal Romanian Office, represented by Interlegal partner Virgil Nita, initiated court proceedings at the territory of Romania which resulted in satisfying the Client’s claims in full, despite the Defendant’s resistance and attempts to drag out the trial.