A $220,000 electron microscope arrived damaged - and now its cargo insurers want the carriers that flew it to pay.
National Union Fire Insurance and Zurich American Insurance have sued Kuehne + Nagel and Lufthansa Cargo in federal court in California, according to a complaint filed Aug. 5, 2026. Their insured, FEI Company, joined as a plaintiff.
The dispute turns on one costly shipment. The complaint says that on or about Aug. 13, 2024, a Thermo Fisher Scientific Helios 5 Hydra CX electron microscope was handed to the carriers in good condition for air transport from Luxembourg to Los Angeles under two air waybills. The carriers accepted it and agreed to move it, the filing says - then delivered it damaged.
The insurers allege the carriers "failed to deliver the Cargo to destination in the same good order and condition as it was received, and instead delivered the Cargo in physically damaged condition." The filing frames this as a breach of the carriers' duties as air carriers and bailees, along with careless handling.
The case runs on the Montreal Convention, the treaty that governs international air cargo claims. The complaint says written notice of the damage reached the carriers within 14 days of delivery, which it describes as compliant with Articles 31(3) and 31(4). That timing is not a technicality - under the treaty, a claimant who misses the notice window can lose the right to recover.
Then comes a move every claims professional will recognize. The insurers say they paid FEI $119,895.05 under the cargo policy, net of a $100,000 deductible. Having paid, they say they became partially subrogated to FEI's rights - letting them stand in their insured's shoes and pursue whoever caused the loss. FEI kept its own claim for the deductible. Together the plaintiffs say they were damaged in the sum of $219,895.05, and they ask the court to make the carriers cover it, jointly and severally, plus interest and costs.
For cargo insurers, the pattern is standard: pay the insured, then pursue the carrier under the treaty that channels these claims. The claimed loss sits above the deductible, which is why both the underwriters and their insured are named as plaintiffs.
The allegations have not been tested, and no court has ruled on any of the claims. The complaint reflects only the plaintiffs' allegations.
