KIAP succeed in appellation against decision of the Moscow Arbitration Court on insurance dispute over 225 million roubles

08.02.2017

KIAP succeed in appellation against decision of the Moscow Arbitration Court on insurance dispute over 225 million roubles

On February 6, 2017, the Ninth Arbitration Court of Appeal has considered the appeal of the Russian insurance company - AB KIAP’s principal – against decision of the Moscow Arbitration Court, according to which claim of a number of foreign reinsurers on the return of unjust enrichment at the total amount of about US $ 4 million were satisfied. Upon review of the appeal, decision of the first instance court revoked, and the claim to the AB KIAP’s principal was denied in full.

This case is one of the three court cases, related to the crash of the Russian airliner Sukhoi SuperJet-100 in Indonesia in 2012, resulting in the death of 41 passengers, including the crew. First two cases with claims, totally estimated more than 36 million US, were also successful to AB KIAP’s principal.

Earlier, Moscow District Arbitration Court revoked the decisions of first instance and appeal courts, and sent this case to retrial.

After retrial at the first instance court, it was decided by Moscow Arbitration Court to agree with reasons of the reinsurers and satisfy their claim in full again. Challenging this decision, AB KIAP’s principal made the appeal, according to which Russian law is applicable under the reinsurance contract, so the flight should be considered as test flight, which entails the recognition of the insured event for reinsurance contract. Further, in recognition this event as insured, any reimbursement paid by reinsurers under the reinsurance contract, may not be considered as unjust enrichment. The Court of Appeal agreed with this position, revoked the decision of the first instance and denied the claim of the applicants.

Partner, Head of KIAP’s Insurance practice Dmitry Shnaydman acted for AB KIAP’s principal at the Ninth Arbitration Court of Appeal.


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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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