Family members of the Chape tragedy expect compensation – 06/19/2023 – Sport

Almost a year after the agreement was sealed in London, relatives of victims of the Chapecoense tragedy are still awaiting payment of compensation ranging from US$ 142,647.05 to US$ 367,647.05 (R$ 687,088.05 and R$ 1,770,811.83 in current values).

The value refers to what was called a “humanitarian fund”, created by Tokio Marine Kiln, reinsurer of the LaMia flight 2933 that crashed on the outskirts of Medellín, Colombia, in November 2016.

The agreement was sealed during a visit by the then senator Jorginho Mello (PL), now the governor of Santa Catarina, to the company’s headquarters in the English capital. He was president of Chapecoense’s CPI, established to investigate the causes of the tragedy and the reasons for insurance not being paid.

Mello’s trip was the subject of complaints from relatives of the victims. They believed that this made it impossible for anyone from the Tokio Marine Kiln to testify to the Commission in Brasilia.

The negotiation resulted in an increase in the total value of the humanitarian fund. US$ 25 million (R$ 119.5 million) would be distributed to families that joined the program. Under the terms of the document, they are obliged not to go to court for other compensation related to the tragedy.

There were 71 dead in the crash of the flight that took the Chapecoense delegation to the first match of the 2016 Copa Sudamericana final, against Atlético Nacional, from Medellín. By July of last year, 24 families had joined the fund and received US$ 225,000 (about R$ 1 million today). With the agreement signed in London, they would be entitled to an additional US$ 142,647.05 (R$ 687,088.05).

Although the number was not disclosed, five more have accepted the terms of the agreement since then. They would have to receive US$ 367,647.05 (R$ 1,770,811.83).

None of the new amounts have yet been paid.

In a note sent, Tokio Marine Kiln acknowledges that the payments have not yet been made. The company is the main, but not the only, reinsurer responsible for the flight. The original insurer, Bisa, is unable to pay the policy that had the multinational Aon as broker.

“We are in the process of making these payments effective and are committed to doing so as quickly as possible. The fund remains open to all families who wish to settle,” says Tokio Marine Kiln.

According to people involved in the process, the bureaucracy needed to resolve the issue has been getting in the way, such as confirming that the people claiming the money really are the legal heirs of those who died and the preparation of documents inside and outside Brazil. For representatives of relatives of Chapecoense players heard by the report, this is taking too long.

A Sheet contacted Jorginho Mello’s advisory to find out what the governor thinks about the delay in paying the indemnities negotiated and celebrated by him during the CPI. There was no answer.

The humanitarian fund has been the subject of controversy since its inception. In the text of the document, Tokio Marine Kiln called the crash of the plane an “incident”, something that goes against the denomination used by ANAC (National Civil Aviation Agency).

According to the entity’s rules, an incident is “an occurrence, other than an accident, associated with the operation of an aircraft, which affects or may affect the safety of the aircraft”, while an accident is any occurrence related to the operation of an aircraft in which any person has seriously injured or killed, as was the case on the LaMia flight.

The ban on suing the courts for families that adhere to the humanitarian fund is contested in a Public Civil Action in progress in the courts of Santa Catarina.

The main lawsuit runs in the Florida Court, in the United States. The value of the cause was stipulated at US$ 844 million (R$ 4 billion today). Aon, the policy broker, says it is not responsible for any payments. Tokio Marine Kiln has always said that LaMia was in default on policy payments and banned from flying to Colombia.

The argument of the office that represents the victims is that there is a process to be carried out for the cancellation of the insurance policy of an aircraft and this was not fulfilled. Furthermore, those involved knew that LaMia had flown to the South American country other times and did nothing.

When celebrating the result of the agreement made in London, Jorginho Mello stated that, if all families accepted the terms of the humanitarian fund, the global amount paid by Tokio Marine would rise to US$ 30 million (R$ 144.5 million).