A vessel insured by a Russian company was driven ashore as a result of extreme weather. A general average was declared. The vessel was further declared a structural failure.
The Insured claimed all costs related to evacuation of the crew and provided a notice of possible pollution and removal of the wreck to the P&I insurer. The insurance company refused to pay and filed a claim to the court to revoke the insurance policy stating that the insured had provided deliberate misrepresentations when signing the policy.
For the first time ever, the client (a foreign company) saw that invalidity of an insurance policy was used as an argument to defend the insurer’s position and engaged KIAP Law Firm to provide legal advice.
Lawyers of KIAP Law Firm prepared arguments that the insurer’s position on revoking the insurance policy was unfounded and provided advice on how the client should claim the indemnity.
Then, the case was referred to the Arbitration Court and won by the lawyers of KIAP Law Firm in three instances.
The case was managed by Maria Krasnova.