Insurance dispute
Secured a RUB 2.737 million personal-insurance payout after SOGAZ’s initial refusal
After the insured person’s death, АО «СОГАЗ» (SOGAZ) initially refused to recognise the event as covered by a personal insurance policy linked to a bank loan. We represented two heirs. During the dispute, the death was recognised as an insured event and SOGAZ paid the full insured amount of RUB 2,737,500. Of that amount, RUB 2,411,252.10 went to Gazprombank and RUB 326,247.90 went to the two heirs.
Situation
The insured person had entered into a personal insurance agreement with SOGAZ covering accident or illness risks in connection with obligations under a bank loan. The insured amount was RUB 2,737,500.
Under the policy, Gazprombank was the first beneficiary within the outstanding loan obligation. If the insured person died, the remaining portion of the insurance payment was payable to the insured person’s heirs.
After the insured person’s death, the heirs — Tamara Paramonova and Irina Stanislavchik — sought payment under the policy, but SOGAZ initially refused to recognise the death as an insured event.
Legal Task
Obtain recognition of the insured person’s death as an insured event, secure payment of the insured amount according to the contractual beneficiary structure and protect the two heirs’ rights to their portion of the insurance proceeds and the applicable consumer-protection penalty.
How the Work Proceeded
What We Did
- 01
Reviewed the personal insurance agreement, the insured-event provisions and the mechanism for allocating the insurance payment between Gazprombank and the insured person’s heirs.
- 02
Developed the position that the death qualified as an insured event and challenged the insurer’s initial refusal to pay.
- 03
Represented Tamara Paramonova and Irina Stanislavchik in the proceedings before the Central District Court of Krasnoyarsk.
- 04
Challenged the amount of the consumer-protection penalty on appeal and obtained an increase from RUB 20,000 to RUB 81,561.97 for each heir before the Krasnoyarsk Regional Court.
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.
Result
The death was recognised as an insured event and the full insured amount was paid
The Central District Court of Krasnoyarsk recognised the insured person’s death as an insured event under the personal insurance agreement.
SOGAZ paid the full RUB 2,737,500 insured amount: RUB 2,411,252.10 was paid to Gazprombank within the outstanding loan obligation, while the remaining RUB 326,247.90 was paid to the two heirs — RUB 163,123.95 each.
On April 17, 2023, the Krasnoyarsk Regional Court in case No. 33-4686/2023 modified the judgment as to the penalty and increased it to RUB 81,561.97 for each client, or RUB 163,123.94 in total.
The two clients actually received RUB 489,371.84 in total: RUB 326,247.90 in insurance proceeds and RUB 163,123.94 in penalties. Viktor Erofeev of Konsultant Law Firm represented the clients.
How the insurance payment was allocated
- RUB 2,411,252.10 — paid to Gazprombank as the first beneficiary within the outstanding loan obligation.
- RUB 163,123.95 — paid to Tamara Paramonova.
- RUB 163,123.95 — paid to Irina Stanislavchik.
- RUB 163,123.94 — final total penalty payable to the two clients after appeal, RUB 81,561.97 each.
The full RUB 2,737,500 insured amount was not paid directly to the heirs. RUB 2,411,252.10 of that amount went to Gazprombank.
Why This Case Matters
Under insurance linked to a bank loan, the insured amount may be distributed among different beneficiaries. It is therefore important to distinguish the insurer’s total payout from the amount paid directly to the heirs.
In this case, the dispute resulted not only in recognition of the death as an insured event and payment of the full insured amount, but also in an appellate increase of the penalty payable to each client.
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.
Clients
Tamara Paramonova; Irina Stanislavchik
Client role
claimants, heirs of the insured person
Defendant
АО «СОГАЗ» (SOGAZ)
Subject
payment under a personal insurance policy after the insured person’s death
Insured amount
RUB 2,737,500
Paid to Gazprombank
RUB 2,411,252.10
Insurance proceeds to the two heirs
RUB 326,247.90
Tamara Paramonova
RUB 163,123.95 in insurance proceeds
Irina Stanislavchik
RUB 163,123.95 in insurance proceeds
First-instance penalty
RUB 20,000 each
Penalty after appeal
RUB 81,561.97 each
Total penalty after appeal
RUB 163,123.94
Actually received by the two clients
RUB 489,371.84
First-instance court
Central District Court of Krasnoyarsk
First-instance judgment
November 23, 2022
Appeal court
Krasnoyarsk Regional Court
Appeal case
No. 33-4686/2023
Appellate decision
April 17, 2023
Appeal result
judgment modified as to the penalty; otherwise left unchanged
Case UID
24RS0056-01-2021-001798-44
Lawyer
Viktor Erofeev
Practice Areas
Practices Related to This Case
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
Has an insurer refused payment after the insured person’s death?
We will review the personal insurance agreement, the grounds for refusal, the beneficiary provisions and the documents relating to the insured event, assess the payment structure and prepare a position for the insurance dispute.