The Moscow arbitration court postponed until October 25 consideration of the claim of the six foreign insurance companies to recover from the Russian insurer “Capital insurance” of $ 4 million, which the plaintiffs informed the defendant moved for the payment of compensation to victims after the crash of the Sukhoi SuperJet 100 in Indonesia in 2012, the correspondent of RIA Novosti news from the courtroom.
The aircraft was insured by the company “the Capital insurance”, which is then reinsured its own risks civil liability 95% in the foreign market. Reinsurers on the terms of a Lloyd’s syndicate made more than 20 insurance companies, including the company-plaintiffs — Corporate QBE, Starr Syndicate, Starr Insurance and Reinsurance Muenchener Rueckversicherungrs-Gesellchaft AG, Dornoch, Catlin Insurance Company (UK).
After the crash, these six companies paid the Russian insurer its share in the amount of $ 3.5 million for payments to the relatives of the dead passengers. Later, however, the results of the investigation, they came to the conclusion that the crash was not insured, as happened, according to them, during a demonstration flight, and liabilities of the reinsurers applied only on test flights. In this regard, the company’s reinsurers appealed to the court demanding the return of previously paid funds, together with interest.
The representative of the plaintiff told the court that when testing is not permitted the presence of passengers. In addition, test flights are carried out in remote unpopulated areas, and demonstration flights, according to him, on the contrary, carry big risks. The Respondent referred to the conclusion of the manufacturer — the company “Sukhoi Civil aircraft” in which it is stated that the flight was included in the test program. The court asked the parties for additional documents.
The Moscow arbitration considers the case again. On first consideration, the courts of three instances dismissed the claim of agreeing with the arguments of the plaintiffs that the flight was a demonstration, however, the Supreme court Collegium on economic disputes these judicial acts quashed and remitted the case for reconsideration. The armed forces indicated that “essential for the resolution of the question of the occurrence of an insured event under the contract of reinsurance, and, as a consequence, the occurrence of the reinsurers obligations to pay insurance indemnity in such a situation is the definition of a flight, the aircraft performed at the time of the disaster.”
The Sukhoi SuperJet 100 was carrying out the first demonstration tour of Asian countries, crashed on may 9, 2012 during a demonstration flight in Indonesia. On Board were 45 people, including eight Russians, all died. The cause of the accident was the so-called human factor, it was found that the technical claims to the aircraft there.