Chubb V. Anglo American

Sergio Bermudes Advogados represented Chubb in a successful dispute against Anglo American.

This was considered one of the biggest cases in the Brazilian insurance market, and could exceed BRL 1 billion.

Anglo American suffered a new defeat in court in a dispute against Chubb. The Regional Court of Rio de Janeiro (TJRJ) maintained the understanding that the insurance company should not pay compensation to the company after an accident that occurred in Porto de Santana, in Amapá, in 2013.

The decision was unanimous and the rapporteur was the judge Fernando Fernandy Fernandes.

In March 2013, an area of approximately 16,000 sqm on the banks of the Amazon River, broke. In addition to the economic losses, six workers died.

Five years later, Judge Arthur Magalhães Ferreira, from the 1st Civil Court, decided that Anglo contributed to the accident because he was not careful about the storage of the ore. At the time of the accident, the insurance company was Itaú Seguros, which later sold the large risk portfolio to Chubb.

The decision is a milestone for the sector 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.

Chubb operates as a property and casualty insurance company. The Company provides commercial and personal property, casualty, and personal accident and supplemental health insurance, reinsurance, and life insurance to a diverse group of clients.

Anglo American PLC is a global mining company. The Company’s mining portfolio includes bulk commodities including iron ore, manganese, and metallurgical coal, base metals including copper and nickel and precious metals and minerals including platinum and diamonds.

Sergio Bermudes Advogados team was led by partners Marcio Vieira Souto Costa Ferreira (Picture), Guilherme Valdetaro Mathias, Rafaela Fucci, Carolina Cardoso Francisco and Conrado Antunes Raunheitti.

Involved fees earner: Conrado Antunes Raunheitt – Sergio Bermudes Advogados; Carolina Cardoso Francisco – Sergio Bermudes Advogados; Rafaela Fucci – Sergio Bermudes Advogados; Guilherme Valdetaro Mathias – Sergio Bermudes Advogados; Marcio Vieira Souto Costa Ferreira – Sergio Bermudes Advogados;

Law Firms: Sergio Bermudes Advogados;

Clients: Chubb Limited;

Author: Ambrogio Visconti.