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THE CONSTITUTIONAL COURT ALLOWED INSURERS TO PARTICIPATE IN BANKRUPTCY DISPUTES

... do not make independent claims regarding the subject of the dispute to consider complaints about the actions (inaction) of arbitration managers. According to the applicant, this approach takes place due to the lack of a certain procedural status for insurance companies in the framework of a bankruptcy case, as follows from the provisions of the Bankruptcy Law and the Agro-Industrial Complex of the Russian Federation, which allows the courts to refuse to involve them in the case. The Constitutional Court of the Russian Federation noted that ...

Modified: 06.09.2023
bankrupt , bankruptcy , CS , debt , insurance
Path: РусБанкрот - СМИ

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

... claim from the arbitration manager's liability insurance contract in the insurer's register (case no. A40-243906/20). 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 ...

Modified: 04.27.2023
bankrupt , bankruptcy , court , insurance
Path: РусБанкрот - СМИ

A DISPUTE WITH A CHINESE INSURER CAN BE CONSIDERED IN THE RUSSIAN FEDERATION

The plaintiff appealed to the court with the intention of collecting insurance compensation from the insurer. The buyer and the Chinese supplier signed a supply contract, according to which the latter undertook to conclude an insurance contract with the defendant. In the end, shortcomings were identified during the transfer ...

Modified: 09.27.2023
bankrupt , bankruptcy , court , insurance , insurance indemnity , China
Path: РусБанкрот - СМИ
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