On 07/11/2022 Tatiana Tsepkina in the article entitled Who is to blame for damages? The Supreme Court reminds insurance companies of their responsibility published by the Advocates’ Gazette commented on a widely publicized case that attracted great attention not only from the legal community, but also from the participants of the insurance market.
Speaking about her comment to the principal media of the Russian law society leader of the L&P Insolvency and Bankruptcy practice group Tatiana Tsepkina emphasizes: “The Civil Disputes Panel of the Supreme Court of Russia has once again reminded the parties to insurance contracts, in which insurance companies engage as professional operators, of their duty to act in good faith and exercise due caution. Vast experience of the LINNIKOV & PARTNERS attorneys with insurance disputes tells us that definite conclusions from the case in questions may be drawn only after its hearing is finally concluded (as of this time, the case is returned to the court of first instance for a new trial), but even at this stage it is clear that the position of the courts of lower instances that places the obligations for compensation of losses on the policyholder is inadmissible and does not comply with the basic principles of justice. Yet again, an insurance company has demonstrated gross abuse of right by failure to acknowledged and insured event. The position of L&P attorneys in similar cases is unequivocal: the main objective of insuring personal property interests is to provide additional guarantees to individuals in difficult circumstances as, for instance, in the case in question – death of the policyholder”.