Cargo Insurance Disputes
Legal representation in disputes related to cargo insurance during transportation
According to the general rules established by the Civil Code of the Russian Federation, the carrier is responsible for the safety of the transported goods. However, often the carrier cannot give an absolute guarantee that the goods will be left without damage, even with good faith behavior on his part. For example, when transporting by road, there are common cases of emergencies that could not be foreseen by either the consignor or the carrier.
If the consignor sends valuable cargo and if the carrier proves that he was not guilty of violating the safety of the cargo and the occurrence of circumstances in which it was impossible to avoid the consequences in the form of damage to the cargo, there are risks of not receiving compensation for the value of the cargo, which can lead to serious losses.
In this regard, cases of cargo insurance against their loss or damage during transportation are common.
However, insurance companies do not always agree to the payment of insurance compensation, and in some cases make understated payments.
Disputes in connection with the insurance of goods during their transportation are associated with the refusal of insurance companies to pay insurance compensation in full or in part. Sometimes insurance companies initiate disputes when they discover cases of obtaining insurance compensation through abuse of the right.
Disputes in connection with the insurance of goods during transportation
Disputes in connection with the insurance of goods during their transportation in the vast majority of cases arise in the course of economic activity of legal entities and individual entrepreneurs and are subject to consideration in arbitration courts. Disputes about cargo insurance involving individuals are less common and are subject to consideration in courts of general jurisdiction.
As a general rule, before going to court within the specified category of disputes, it is necessary to comply with the pre-trial procedure for their settlement by sending a corresponding claim to the insurance company.
For the successful settlement of emerging disputes, it is important to consider in detail the proposed insurance conditions even at the stage of concluding a cargo insurance contract. If there are terms of the contract that could potentially cause disputes, it is necessary to review them or a preliminary analysis of law enforcement practice regarding the settlement of disputed relations arising from similar terms of the insurance contract.