Interlegal lawyers defended the rights of a large European insurer at the Court of Appeal

The client, a large German insurance company, applied to Interlegal for recovery of the reimbursement amount paid, thereby favoring the injured person.

The consignee, a Ukrainian company, purchased a used New Holland harvester in Germany. The Consignee instructed the Freight Forwarder, a German company, to organize the Cargo transportation from Germany to Ukraine. The Freight Forwarder, in turn, issued a transport order whereunder the Actual Carrier, a Ukrainian company, should carry out transportation.

Under the contract on carriage of goods by road, agricultural machinery was transported from Germany to Ukraine. En route, the driver did not keep the distance and, while making a turn, hit the road safety fence by the cargo, so the cargo got damaged significantly. Therefore, the cargo arrived in Ukraine with damage, while the Consignee had to repair the harvester at its own expense.

The Consignee filed a lawsuit against the Freight Forwarder to the German court. In the framework of court proceedings, an examination was carried out, whereunder there was fixed the amount of caused damage being subject to reimbursement. By decision of the German court, the Client, acting as the Freight Forwarder’s insurer, reimbursed damage in favor the Consignee, and, accordingly, received the right to demand charging the reimbursement amount from the directly guilty person.

Interlegal lawyers joined the dispute settlement process.

Under the results of Claims Handling by Interlegal lawyers, the Carrier was ready to reimburse the damage amount. However, the Carrier’s insurance company joined the case proceedings and in every possible way prevented amicable settlement of the dispute. The Carrier’s insurer attempted to transfer the Carrier’s obligations under the Insurance Contract with its insurance company to our Client, which is unacceptable and unlawful.

Interlegal lawyers initiated court proceedings, successfully supported case consideration by the first instance court, while the Court made a decision in favor of our Client.

The Carrier’s insurer did not stop and filed an appeal. Interlegal lawyers defended the Client’s position in court, proved that the appeal was unjustified, not supported by facts and evidence; therefore the court of appeal rejected satisfying the appeal, while first instance court decision was left unchanged.

Despite all the Insurer’s attempts to prevent case settlement, Interlegal lawyers by their actions facilitated fair settlement by the court of appeal too.

Interlegal lawyer & attorney-at-law Irina Maltseva led the project.

P.S. Dear Clients, please note that despite the martial law, the justice system has not suspended its functioning. Courts and lawyers make every effort to secure that disputes are settled by the courts.

Interlegal lawyers are still working under martial law and are ready to provide to you the necessary assistance in dispute settlement.