On 10.09.2019, a team led by Alexander Linnikov, composed of Dmitry Smoly and Tatyana Tsepkina, represented one of the five largest banks in Russia in the Moscow Arbitration Court. The amount of the claim is 289 million rubles – the amount of insurance indemnity payable after a fire in the insured warehouse. Unwilling to fulfill its obligations, the insurance company, referring to its accumulated practice of invalidating insurance contracts, tried to prove that at the time of the conclusion of the disputed contract, the сlient intentionally submitted false information about the state of the warehouse. At the same time, as the evidence was provided to the contrary, the insurance company abandoned its previous position, changed the circumstances of the case referred to the beginning of the trial, presented expert opinions of dubious origin, testimonies of witnesses summoned to the court. However, the court decided to dismiss the claim.
We hope that this arbitration case with the participation of Linnikov & Partners team will help to change the established judicial practice, according to which, after the occurrence of an insurance event, insurance companies, referring to some formal grounds, invalidate insurance contracts and cancel paying insurance compensations.