THE COURT DISTRIBUTED THE BURDEN OF PROOF UPON INCLUSION IN THE REGISTER OF INSURANCE

The claim was conditioned by the fact of recovery of losses from the arbitration manager in the framework of the creditor's own bankruptcy case, whose liability was insured, and the insurance portfolio was transferred to the debtor.

The courts of two instances refused to satisfy the application, agreeing with the position of the manager that the liability insurance contract itself was not submitted by the creditor.

The cassation sent the dispute for a new consideration, noting that the creditor had submitted references to judicial acts by which the fact of the manager's liability insurance was established, as well as the fact of the transfer of the insurance portfolio to the debtor, which is why the burden of refuting these facts should have been placed on the debtor.

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