Sergio Bermudes represents Chubb in a dispute against Anglo American
Sergio Bermudes Advogados has advised Chubb on one of the largest cases in the Brazilian insurance market, reaching almost $200 million
Sergio Bermudes Advogados assisted Chubb and defeated Anglo American in court. The Regional Court of Rio de Janeiro (TJRJ) held that the insurer should not pay compensation to the company after an accident in the port of Santana, Amapá, in 2013. The decision was unanimous, and the rapporteur was Judge Fernando Fernandy Fernandes.
In March 2013, an area of approximately 16,000 square metres on the banks of the Amazon River broke up. In addition to the economic losses, six workers died. Five years later, Judge Arthur Magalhães Ferreira, of the 1st Civil Court, decided that Anglo contributed to the accident by not worrying about stockpiling the ore. At the time of the accident, the insurer was Itaú Seguros, which subsequently sold the extensive risk portfolio to Chubb.
The decision is a milestone for the industry so that policyholders and insurers understand that, in the case of high-risk insurance, what matters is not the consumer’s right, but the contractual clause.
Sergio Bermudes Advogados team was led by partner Marcio Vieira Souto Costa Ferreira (pictured), and involved partners Guilherme Valdetaro Mathias, Rafaela Fucci, Carolina Cardoso Francisco and Conrado Antunes Raunheitti.
