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CMS has complex cross-border cargo claim covered

Annual Review 2017-2018

June 2018

A multinational CMS team is advising key client Allianz on an insurance dispute arising from its coverage of EuroChem, a major chemicals producer and trader.

A fire on board a ship that was carrying fertiliser chemicals belonging to EuroChem has caused novel general and product liability issues.

The ship owners said they were not told the cargo was dangerous, while EuroChem claims the cargo was simply stored incorrectly and that the ship was not fit for purpose.

The CMS team is advising on Belgian, German, Russian and UK law aspects of the dispute, as well as on a separate set of arbitration proceedings initiated by the owner of the vessel.

CMS Moscow partner Leonid Zubarev said, “We are dealing with a very complex insurance structure, where many of the provisions are not particularly clear.

“The master and local policies cover four jurisdictions, so our position has to be consistent from every liability angle. This is a very good example of our cross-border teams working together as one on an extremely technical case.”

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