Interlegal defended the European large insurer’s rights at the court
10 September, 2021
56
The client, large German insurance company, applied to Interlegal for recovery of reimbursed amount paid to the injured person.
The Consignee, a Ukrainian company, purchased in Germany a second-hand harvester New Holland. The Consignee instructed the Forwarder, a German company, to organize the Cargo transportation from Germany to Ukraine. The Forwarder issued a transport order, whereunder it instructed the Operating Carrier – a Ukrainian company – to carry out transportation.
Under the Contract on carriage of goods by road transport, agricultural machine was transported from Germany to Ukraine. On the way, the driver failed to keep the distance and, in the process of turning, touched the road safety fence, resulting in significant damages to the Cargo. Therefore, the Cargo arrived in Ukraine with damage and the Consignee had to repair the harvester at its own expense.
The Consignee filed a claim to the German court against the Forwarder. In the framework of court proceedings, an expertise was carried out, in order to fix the damage amount to be reimbursed. By the German court decision, the Client, as the Forwarder’s Insurer, reimbursed damage to the Consignee, and therefore had the right to claim for recovery of reimbursed amount directly from the guilty person.
From that moment, Interlegal lawyers jointed the dispute settlement procedure. Under the results of claims handling, the Carrier was ready to reimburse the amount of damage, however, the Carrier’s insurance company joined the case proceedings and by every possible means prevented amicable dispute settlement. The Carrier’s Insurer tried to shift the Carrier’s obligations under the insurance contract with insurance company to our Client, which is inadmissible and unlawful.
Since the Carrier’s Insurer did not allow amicable dispute settlement, while the Carrier followed the Insurer’s instructions, Interlegal lawyers initiated legal proceedings in this case. However, even at the stage of court proceedings, the Carrier’s Insurer tried by every possible means to confuse the court and committed actions aimed to obstruct justice. Nevertheless, Interlegal lawyers defended the Client’s interests at the court, having provided all the necessary evidence and having justified legal position on the merits. The court, having studied all the case materials and having listened to both parties, made a decision in favor of our Client.
Therefore, despite all the attempts of third party, due to actions of Interlegal lawyers, justice was done.
Interlegal law team led the case, namely: lawyer Irina Maltseva, associate attorney Andrii Kaftanov, managed by senior associate Ellina Romanova.
