Insurance dispute
Secured a RUB 2.74 million insurance payout after SOGAZ’s initial refusal
After the insured person’s death, SOGAZ initially refused to recognise the event as covered by a personal insurance policy linked to a bank loan. Konsultant Law Firm represented two heirs in the dispute. The court recognised the death as an insured event, and during the proceedings SOGAZ paid the full insured amount of RUB 2,737,500. Of that amount, RUB 2,411,252.10 went to Gazprombank towards the loan obligation, and RUB 326,247.90 went to the two heirs. On appeal, the Krasnoyarsk Regional Court increased the penalty payable to each heir from RUB 20,000 to RUB 81,561.97, bringing the total penalty to RUB 163,123.94. Viktor Erofeev represented the clients, including on appeal.
Situation
The insured person concluded a personal insurance policy with SOGAZ JSC (АО «СОГАЗ») to secure obligations under a bank loan agreement with Gazprombank.
After his death, the heirs became: Paramonova Tamara Alekseevna (Парамонова Тамара Алексеевна) — mother; Stanislavchik Irina Valeryevna (Станиславчик Ирина Валерьевна) — sister.
After the heirs applied for the insurance payment, SOGAZ refused to recognize the death as an insured event and informed the notary that no payments would be made to the heirs.
Our position
Konsultant Law Firm represented the plaintiffs — the two heirs. We proved that the death was an insured event under the personal insurance policy and that the insurer’s refusal was unjustified.
Result in the first instance
The Central District Court of Krasnoyarsk (Центральный районный суд г. Красноярска) recognized the death as an insured event (decision of 23 November 2022).
During the proceedings SOGAZ paid the full insured amount of RUB 2,737,500: RUB 2,411,252.10 to Gazprombank towards the loan obligation and RUB 326,247.90 to the heirs (RUB 163,123.95 each).
The court also awarded a penalty under the Russian consumer protection law, initially reduced to RUB 20,000 to each plaintiff.
Appeal
On appeal, the Krasnoyarsk Regional Court (Красноярский краевой суд) increased the penalty to RUB 81,561.97 to each plaintiff (total RUB 163,123.94), case No. 33-4686/2023, ruling of 17 April 2023.
The heirs actually received the amounts awarded to them.
Our role
Konsultant Law Firm represented the plaintiffs — Paramonova Tamara Alekseevna and Stanislavchik Irina Valeryevna.
The case was handled by lawyer Viktor Erofeev, who also represented the plaintiffs in the Krasnoyarsk Regional Court.
First instance
Central District Court of Krasnoyarsk (Центральный районный суд г. Красноярска)
First instance decision
23 November 2022
Appellate court
Krasnoyarsk Regional Court (Красноярский краевой суд)
Appeal case
No. 33-4686/2023
Appeal ruling
17 April 2023
Plaintiffs
Paramonova Tamara Alekseevna (Парамонова Тамара Алексеевна), Stanislavchik Irina Valeryevna (Станиславчик Ирина Валерьевна)
Defendant
SOGAZ JSC (АО «СОГАЗ»)
Status of clients
plaintiffs (heirs)
Subject of the dispute
recognition of death as an insured event and recovery of insurance compensation
Insured amount
RUB 2,737,500
Paid to Gazprombank
RUB 2,411,252.10
Insurance compensation to the heirs
RUB 326,247.90 (RUB 163,123.95 each)
Penalty after appeal
RUB 81,561.97 each; total RUB 163,123.94
Lawyer
Viktor Erofeev
Practice Areas
Practices Related to This Case
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
Has the insurer refused to pay the compensation?
We will check the documents and the grounds for the refusal. We will assess the prospects of recovery.