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The Arbitration Court of Belgorod Region did not recognize the shelling as military action

10 октября 2023
43

The Arbitration Court of the Belgorod Region heard the case SM-Agro LLC vs. SOGAZ Insurance Company.

The plaintiff claimed to recover 4 million rubles under the insurance contract for the damage caused to his property as a result of shelling by Ukraine. The defendant objected that the war damage was not compensable because it was caused by military action. According to Article 964 of the Civil Code of the Russian Federation, the insurer shall be released from the payment of insurance compensation and the insurance sum, when the insured accident commenced owing to the hostilities, and also exercises and other military undertakings.

The Arbitration Court upheld the claimant because there was no evidence in the case file that the damage was caused by military action.

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