The client purchased high‑tech and expensive equipment in France, entered into a forwarding/carriage contract for its transportation to Russia and insured the carriage of the cargo with a Russian insurance company. Upon acceptance of the cargo, substantial damage to the equipment was discovered, rendering it inoperable. The insurer refused to recognise the event as an insured event, claiming that the fact of loss of the cargo during the carriage had not been proven (the insured could not indicate the exact time and cause of the damage).
During the court proceedings, KIAP Law Firm’s lawyers succeeded not only in proving the unjustified nature of the refusal to pay the insurance indemnity but also in recovering from the insurer the full insurance amount (it was proved that as a result of the insured event the equipment had become irreparable) and the associated expenses incurred by the client in replacing the damaged equipment with new equipment.
To support the arguments of the claim information was requested from the French manufacturer of the equipment and technical experts and appraisers were engaged. These actions made it possible to avoid the appointment of a court‑ordered expert examination and not to prolong the court proceedings.
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