An insolvency officer for OOO Kupecheskoye Insurance Company made an unjust enrichment claim against OOO Smirnenkoye (case #А03-24935/2015), OOO Altai Food Company (case #А03-10117/2016), OOO SPK Progress (case #А03-10184/2016), and OOO Gavrilovskoye (case #А03-37/2016) to the Altai Krai Arbitration Court.
The officer justified his claim by noting that in 2013 OOO Kupecheskoye Insurance Company made payments to farming enterprises with no payment supporting primary documents.
Bezrukov & Partners represented the interests of the farmers. In the course of court proceedings, we alerted the court to the fact that the statute of limitations was missed (a standalone ground for a claim to be rejected) and proved that the parties did enter into the insurance contract and the payment covered the insured event occurred within the contract term.
As a result, the claim was rejected. The decision was upheld in court of appeals, with our clients saving RUB 15,200,851.