Subrogation claim to an ocean carrier that failed to ensure safe delivery of insured vehicles

There was a fire on the vessel during the sea transportation of vehicles. As a result, some vehicles were lost, other were significantly damaged. The risk of vehicle loss and damage was insured by the client of KIAP Law Firm. As a result of lengthy negotiations, the insurer paid the indemnity and engaged KIAP Law Firm to assess the prospects of subrogation.

The situation was complicated by some factors, including the need to establish the persons responsible for damage, no clear regulation of relations of the parties in transportation, and uncertainty regarding the place and forum of the dispute.

Lawyers of KIAP Law Firm analyzed the facts of the case and issued a legal opinion on possible settlement of the insurance dispute. In particular, they commented on the potential subrogation claims of the insurer and the enforceability of arbitration agreements.

The case was managed by Maria Krasnova, Alexander Kartashov, Anastasiya Ryabova.