THE TOMSK APPEAL STOPPED THE BANKRUPTCY OF THE INSURANCE COMPANY

THE TOMSK APPEAL STOPPED THE BANKRUPTCY OF THE INSURANCE COMPANY

THE TOMSK APPEAL STOPPED THE BANKRUPTCY OF THE INSURANCE COMPANY
The verdict of the appellate instance (seventh Arbitration Court of Appeal), which has no precedent in judicial practice, was adopted in the bankruptcy case of a large insurance company. The court refused to recognize the insolvency of NSG Rusenergo, leaving without satisfaction the complaints of three applicants: the Central Bank of the Russian Federation, the Russian Union of Motor Insurers and the state corporation DIA (Deposit Insurance Agency). Russian justice has not yet known such cases, and this has raised a number of questions for experts.

In particular, the issue of the timing of the return of ownership control over the company remains unresolved. The mechanisms for revoking the interim administration are not regulated by law. According to RBC, in the future, proceedings are possible on how exactly the bankruptcy trustee (state corporation Deposit Insurance Agency) disposed of the insurer's assets for three years while the trial was underway.

The insurance company has been operating in Russia since 1999. Already in 2000, NSG Rusenergo had 75 branches. The organization employed 850 employees. In total, the number of agents and subagents of the insurer exceeded 4.5 thousand. In terms of insurance premiums, the firm was considered one of the 30 largest insurance companies in the country.

At the end of 2020, the license to provide insurance services was revoked by the regulator. In November 2021, NSG was granted bankruptcy status. Bankruptcy proceedings have started. But already in February 2022, the Tyumen district court issued a verdict on the cassation appeal, sending the lawsuit for reconsideration.

This time, the court appointed a serious examination conducted by experts from TSU. The students had to establish whether the insurer had signs of bankruptcy.

The stumbling block in this issue was the valuation of a land plot in the village of Rechkunovka, where the organization was going to establish a year-round ecological resort. The area of the territory is about 7 hectares. The property was bought in 2017 at a price of 240 million.

In 2020, the Central Bank ordered an assessment of this asset from AFK Audit. Its experts estimated it at 46 million. The results of this examination were not certified by the appraiser, and subsequently were generally declared invalid in court. The Insurance Market Department used them, which became the basis for subsequent orders and the beginning of bankruptcy.

The Altai Arbitration Court (the Arbitration Court of the Altai Republic) in October 2023 refused to recognize the insolvency of NSG Rusenergo. The prosecutor's office agreed with the court. The verdict of the court was challenged by the Russian Union of Motor Insurers, which presented claims to the insurer for 3.6 billion rubles. However, the appeal upheld the decision of the court of first instance, recognizing the bankruptcy of NSG as unfounded.

25.01.2024