MDM Law firm

The firm successfully represents Underwriters from the London insurance market in proceedings in connection with a cash in transit dispute

– the firm has successfully advised Underwriters from the London insurance market in the legal proceedings against the assured at Pavia Court. The assured, the performing carrier of collection and count services, summoned Underwriters as third party guarantor pursuant to the professional liability cover provided for in its cash in transit policy. In detail, an operator in food & beverage services has contracted to a third party (the contracting carrier) collection and count of cash and other valuables. The contracting carrier has then sub-contracted the services to the assured and on such ground the operator was demanding to the assured the compensation of EUR 2 Million, allegedly disappeared during the performance of the services. In its Judgement the Court of Pavia ruled that the absence of a direct contractual relationship between the operator and the performing carrier exclude a contractual liability of the performing carrier pursuant to art. 1656 of the Italian Civil Code and accordingly the operator has not a direct action against the performing carrier.

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