MOSCOW, January 23 (RAPSI) - QBE Corporate has filed an appeal against court’s refusal to collect over $4 million from Kapital Strakhovaniye Company in favor of six foreign insurers in connection with the 2012 Sukhoi Superjet-100 crash in Indonesia that left 45 dead, RAPSI learnt in the Moscow Commercial Court.
In the fall of 2016, the court dismissed a lawsuit lodged by six foreign companies against Russian insurer.
The case was reconsidered. On February 29, 2016, the Supreme Court of Russia overturned all rulings in this dispute and remanded the case for a new trial.
The plane crashed on its first ever demonstration tour, across six Asian countries, over Indonesia on May 9, 2012. All people on board the plane, including eight Russian nationals, were killed. The plane crashed into Mount Salak at an altitude of 1.6 km. The investigation found that the disaster was caused by human error.
The airplane was insured by Kapital Strakhovaniye, which later reinsured 95% of its risks on the foreign market. The plaintiffs – QBE Corporate, Starr Syndicate, Starr Insurance and Reinsurance, Muenchener Rueckversicherungrs-Gesellchaft AG, Dornoch and Catlin Insurance Company (UK) – reinsured the risks in line with Lloyd's of London terms.
After the crash, the plaintiffs transferred $3.5 million to Kapital Strakhovaniye, which was to compensate the relatives of deceased passengers. After conducting an investigation, the foreign companies decided that this was not an insured accident because the plane had crashed during a demonstration flight and because the insurance policy covered only test flights. In September 2014, the reinsurers sued the Russian company at the Moscow Commercial Court, demanding a refund, plus interest. Three court instances upheld their lawsuit.
Kapital Strakhovaniye has filed a cassational appeal seeking reversal of the rulings. Russia’s Supreme Court granted the appeak and remanded the case for a new trial.
Thus, the Moscow Commercial Court reconsidered the case on Monday and rejected foreign insurers’ claim in full. The ruling will take effect within a month if not appealed.
