How Yutree helped recover a client’s cargo theft claim after it was initially declined

At Yutree, we pride ourselves on going above and beyond in our service to clients – which extends to our claims proposition.

Our internal claims team are well connected within the industry and, rather than hand claims off to the insurers and letting them run their course, we work proactively to secure the best outcomes for our clients.

Below is a recent real-world example of how our claims service can benefit our clients.

 

The Claim

A new client of Yutree faced a complex claim after £45,000 worth of cargo was stolen from a haulier’s truck, so our claims team stepped in to support them. This case highlights how persistence and industry expertise can result in positive outcomes, even after an initial claim denial.

Our client’s claim for stolen goods was initially denied by the cargo insurers due to a breach in security conditions within their insurance policy. While this decision was correct, Yutree identified another opportunity: the client could pursue a claim against the company they contracted to transport the goods.

Unlike their previous broker, Yutree proactively reached out to the brokers representing the responsible freight company. However, initial responses suggested the case was “time-barred” under the freight company’s conditions, and directed the claim towards a Romanian carrier that our client had no way of contacting.

 

Bringing in Experts for Resolution

Yutree enlisted the help of W.E. Cox & Co., specialists in marine claims recovery, who identified a strong case for our client under the CMR Convention. They argued that the freight company had acted as a carrier, not a forwarder, supporting this argument with key evidence and case law.

 

Positive Outcome and Client Satisfaction

The insurers acting for the freight forwarder continued to resist any claim and insisted a claim be made against the Romanian haulier.

W.E. Cox used their expertise to provide a further challenge including referencing key case law regarding if a party is a forwarder or a carrier. One key element of their argument was that the freight liability policy insurance certificate for the forwarder included reference to them being a carrier.

To be a carrier under CMR, a company does not have to actually carry the goods in their own truck, but to see to it that the goods are delivered by a reputable company such as a sub-contractor.  It was also important that the forwarder charged our client a one-off fee for the movement and there was no mention of any sub-contractors being appointed at any point before the theft occurred.

Eventually, the insurers agreed the forwarder was liable under CMR with a limit of liability based on the weight of the goods and offered a settlement of £18,307.24 to our client.

 

Why Claims Expertise Matters

This story highlights the importance of specialist claims support. Yutree’s knowledge, partnerships, and persistence helped our client recover funds that would have otherwise required expensive legal action – or been lost altogether.

At Yutree, we go beyond basic claims handling, ensuring our clients have every chance of a successful recovery. To learn more about how we can help your business get in touch with our team today.