KIAP successfully finished the insurance dispute for more than $4 million

02.06.2017

KIAP successfully finished the insurance dispute for more than $4 million

On May, 23, 2017 Arbitration Court of Moscow Region (cassation court) decided to leave in force the decision of the Ninth Arbitration Court of Appeal, according to which foreign reinsurers’ claim to the Russian insurance company - AB KIAP’s principal  - was denied in full.

The main difficulty of this dispute was the different interpretation of the conditions of the reinsurance contract by it‘s parties, and their different interpretation of circumstances of the Sukhoi SuperJet-100 flight on May 9, 2012, when accident took place. 

Despite the opponent‘s reasons, KIAP lawyers succeed to convince the courts that demonstration flights which were the part of test schedule should be considered as test flights. Moreover, the aircraft had been supplied with additional experimental equipment which was also tested while the flight on May 9, 2012. Keeping in mind all these reasons, courts made the conclusion that accidental flight should be estimated as test flight, so this accident and connected liability of the insurer is insured under reinsurance contract.

It should be mentioned that earlier KIAP lawyers were also successful in number of other cases, connected with this insured event, with total claims more than $40 million.   

Partner, Head of KIAP’s Insurance practice Dmitry Shnaydman acted for AB KIAP’s principal during consideration of this case.


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Insurance

Among legal support of disputes, main directions of the practice include legal consulting services in respect of a more wide range of issues related to insurance and reinsurance, tariffs and policies, legal examination of internal procedures, scoring and insurance products in the interests of insurers, professional associations of insurers, as well as insured persons, companies and state institutions. The direction is headed by partner Dmitry Shnaydman, a lawyer with 18 years’ experience in insurance business. During the last 8 years he headed the area of business of Rosgosstrakh, major Russian insurance company, dealing with legal support for the largest and most significant disputes on the whole territory of the Russian Federation for all types of insurance (the aggregate annual sum of claims for the considered cases amounting to more than RUR 2 billion). He has significant experience of provision of the effective support for major judicial disputes (with the claim sum amounting up to USD 30 million), related to insurance contracts in the sphere of power engineering, agricultural insurance, maritime hull insurance, professional liability, as well as experience of legal proceedings with participation of foreign reinsurers.
   


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