Leadership clause and its application in the Russian legal framework Dispute with an insurer

The vessel operated by the Client was insured with five insurance companies under Clauses of the Institute of London Insurers. During berthing at a foreign port, it was discovered that the main engine is damaged. Based on the expert opinion, the leading insurer recognized the event as a loss event and paid compensation. All insurers paid their shares of the loss except one Russian company, which challenged the decision and referred to the lack of proof of the loss event.

Lawyers of KIAP Law Firm managed to explain to the Court the contents of the Leadership Clause (when all insurers must follow the decision of one leader), and prove that the loss is a loss event, despite the fact that its exact cause and time of occurrence were not reliably determined (experts believed that there were both a hidden defect and improper engine repairs).

The total amount of indemnity was paid to the client.

The case was managed by Maria Krasnova.