We provided legal assistance and represented clients during civil proceedings for all three instances in Latvia of an aircraft accident in which a student pilot had passed away.
Development of proceedings
The case involved complex legal issues related to insurance and aviation. These laws are unclear regarding the insurance coverage and liability of air carriers and the applicability, of third-party legal liability insurance under the Aviation Law of Latvia in the case of the death of a student pilot. As well as aviation and insurance law, the case involved complex legal issues such as strict liability, the right to receive the victim’s envisaged salary and compensation for moral injury.
The court of the first instance awarded the mother of the student pilot insurance indemnity. Nonetheless, it dismissed the matter regarding compensation of lawful interest and compensation for losses and moral injury. Sorainen successfully appealed the judgment at the court of appeals and the claim against our client was entirely dismissed in the appellate instance, as well as our client was awarded
In December 2019, the Supreme Court of Latvia ruled in favour of our client, stating that the claimant, who is not a party to the insurance contract, did not have a subjective right to bring a claim against the insurer. The case of the remaining amount was returned to the appellate court. In November 2020, the appellate court dismissed the opponent’s claim. In April 2021, the Supreme Court of Latvia left the appellate court’s judgment unchanged, stating that it fully concurs with the court’s reasoning and that there are no grounds for repeated adjudication of the matter.
Partner Valts Nerets led the Sorainen team. The client was advised and represented by counsels Raivo Raudzeps and Santa Rubīna, and associate Elvis Grinbergs.