Another decision on “Sukhoi” case of US $ 5 million came into force

28.03.2017

Another decision on “Sukhoi” case of US $ 5 million came into force

On March 14, 2017, the Ninth Arbitration Court of Appeal has considered the appeal of a number of foreign reinsurers against decision of the Moscow Arbitration Court, according to which claim to the Russian insurance company - AB KIAP’s principal  - on the return of unjust enrichment at the total amount of about was denied in full. Upon review of the appeal, decision of the first instance was confirmed by Court of Appeal and came into force.

Earlier this case was subject of consideration of the Supreme Court of the Russian Federation, who revoked the decisions which satisfied the claim, and sent the case on new consideration to Moscow Arbitration Court. According to position of the Supreme Court, the most significant circumstance was to determine the type of aircraft flight before accident. Keeping this in mind, first instance court estimated the evidences and reasons of parties about   the type of aircraft flight, so to decide if this flight was  insured event for reinsurance contract.

Denying the claim, first instance court agreed with AB KIAP position that accident took place during the  test  flight of the aircraft, so this event was insured under reinsurance contract. In that case payment made by reinsurers cannot be determined as unjust enrichment, so the claim isn’t reasonable. Court of Appeal also agreed with this position and confirmed the decision of the first instance court about denying the claim.

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


Twitter Facebook Яндекс Livejournal

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.
   


Back to the list