KIAP successfully defended the interests of the world's largest manufacturer of household appliances worth over 150 million rubles

17.01.2017

KIAP successfully defended the interests of the world's largest manufacturer of household appliances worth over 150 million rubles

On January 10, 2016 the decision of the Arbitration Court of Moscow, according to which   Principal’s claim to the insurance company for the sum of more than 150 mln. rubles were satisfied, was entered into force.  

The cause of the dispute was the failure by the insurer of its obligations under the contract of insurance of trade (commercial) loans, under which the insurer was obliged to indemnify the insured for losses caused by non-payment for goods supplied by the insurer to its counterparties on credit terms.

Disputes of this type of insurance are among the most complicated in insurance law sphere, as they are deals not only contractual conditions according to insurance contract, but linked to the legal relationship of the insurer and its counterparties under the supply agreement as well. 

It should be noted that in this particular dispute the insurer used nearly all possible procedure ways to legitimize his non-payment under insurance contract. That included written statement of defense, counterclaim for recognition of an insurance contract and supply agreement invalid. However, court of first instance and appeal court agreed with insured’s arguments and his evidences, so the Principal’s claim was satisfied. 

This case was argued by KIAP, Attorneys at Law, partners Dmitry Shnaydman and Konstantin Astafiev, assisted by senior associate Irina Suspitsyna.


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The practice is recommended by the Russian legal directories Pravo-300 and "Kommersant". 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 recommended by the international rating Best Lawyers. Dmitry is 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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