During the carriage of vehicles by sea a fire broke out on board the vessel. As a result, part of the insured vehicles was lost and the remainder sustained significant damage. Following negotiations, the insurer paid the insurance indemnity and engaged KIAP Law Firm to assess the prospects of recovering the loss by way of subrogation. The case was complicated by several factors: the investigation into the cause of the fire had not yet been completed (the cause of the fire and the persons responsible had not been finally determined), the short limitation period was expiring and due to the multiplicity of parties involved in the carriage, there was no clarity as to the place and forum for dispute resolution.
Within a tight deadline, KIAP Law Firm's lawyers analysed the facts of the case and prepared a legal opinion on the possible resolution of the insurance dispute in particular assessing the insurer’s potential subrogation claims, the enforceability of arbitration agreements and determining the further course of action.
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