{"id":43232,"date":"2022-11-28T10:23:18","date_gmt":"2022-11-28T10:23:18","guid":{"rendered":"https:\/\/studiozunarelli.com\/2025\/10\/02\/the-action-of-insurance-recourse-or-subrogation-in-the-loss-or-theft-of-cargo\/"},"modified":"2026-02-17T12:00:10","modified_gmt":"2026-02-17T12:00:10","slug":"the-action-of-insurance-recourse-or-subrogation-in-the-loss-or-theft-of-cargo","status":"publish","type":"post","link":"https:\/\/studiozunarelli.com\/en\/the-action-of-insurance-recourse-or-subrogation-in-the-loss-or-theft-of-cargo\/","title":{"rendered":"The action of insurance recourse or subrogation in the loss (or theft) of cargo"},"content":{"rendered":"

A ruling by the Court of Cassation upholds Studio Zunarelli’s argument on insurance recourse or subrogation; senior partner Andrea Giardini<\/strong><\/a> defended a French haulier whose cargo was stolen.<\/p>\n

In the case that gave rise to the trial, which ended a few weeks ago before the Court of Cassation (Italian Supreme Court) with judgment no. 32918 of 2022<\/strong><\/a>, the issue was whether the company that insured the transported goods\u00a0 could exercise the action of insurance recourse or subrogation against the transporter.<\/p>\n

<\/h2>\n

The case that gave rise to the insurance recourse or subrogation action<\/span><\/h2>\n

The theft of a cargo of stylish clothes occurred during transportation by road from Italy to France.<\/p>\n

The insurance company of the Italian fashion house that sold the goods compensated its client and exercised its insurance subrogation action against the carrier.<\/p>\n

It did so, however, without noticing that two different freight forwarders were involved, one ‘internal’ to the company that sold and shipped the goods and one to whom the latter had in turn commissioned the transport.<\/p>\n

Only the former, however, had assigned his contractual rights to the company.<\/p>\n

In the transport of the goods were involved<\/p>\n