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Eighth Arbitration Court of Appeal in Omsk Upheld Decision of Court Regarding Recovery of Compensation from Kupecheskoye Insurance Company

Eighth Arbitration Court of Appeal in Omsk Upheld Decision of Court Regarding Recovery of Compensation from Kupecheskoye Insurance Company

April 20, 2015

In October 2014, 15 farmers of Rodino Rayon in Altai Krai filed a claim to court for an insurance indemnity arising from a crop loss caused by air drought registered in 2012.

The hearing (case А46-13870/2014 of our three clients) was held on April 16, 2015, before the Eight Arbitration Court of Appeal of the Russian Federation.

It was the first out of thirteen cases to be held before a court of appeal. Thus, ones expected that the judicial act of the court of appeal would be referred to further hearings.

During the trial, the defendant has initiated proceedings to call off or postpone the hearing. An application has been made for the temporary stay of proceeding as the defendant had a change in management and waited to get the rest of the records.

 The defendant then tried to add further evidence to the case file, which could only be permitted by law on exceptional occasions.

As soon as we raised our objections against the above actions, the court retired to deliberate on its decision and turned down all the applications.

Deliberating on the dispute substantively, the court heard the arguments of both parties and upheld the decision of the Arbitration Court of Omsk Oblast.

We are going to initiate insolvency proceedings against the insurance company shortly, with the warrant submitted to court bailiffs. 


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