Last week, the Arbitration Court of the Khanty-Mansiysk Autonomous Okrug accepted for proceedings a claim by Kapital Insurance (part of the Rosgosstrakh group) for the recovery of reinsurance compensation in the amount of $32.4 million. The defendants include 24 foreign reinsurance companies and Lloyd's syndicates: Berkshire Hathaway International Insurance, Chartis Europe (a division of AIG), Assicurazioni Generali, Mapfre Global Risks and even Oriental Insurance Company (Kathmandu, Nepal).

From these companies, Kapital Insurance expects to receive payment for the Sukhoi Superjet 100 that crashed in Indonesia on May 9, 2012, the claim states. There were 48 people on board – citizens of five countries, including eight Russians – employees of the Sukhoi Civil Aircraft (SCAC) holding company. The preliminary hearing on the claim is scheduled for December 2 (many foreign defendants need to be notified).

The unusual location of the trial – Yugra – may be specified in the reinsurance agreement, believes Georgy Krupenin, partner of the company “Your Legal Adviser”. “Kapital Insurance” has offices in the district – in Kogalym, Langepas, Uray.

The liability of SCAC to third parties during the operation of this aircraft (including "service" passengers and crew) is insured for $300 million in Kapital Insurance. The liability limit for damage to the life and health of passengers is $50,000 per person, a representative of Kapital Insurance said. The risk of aviation hull insurance was insured at the catalog price of $34 million. For two pilots and two flight attendants, the payment was made by ISK Euro Polis in the amount of $150,000 for each crew member, the insurance company confirmed.

As Vedomosti's sources in the insurance market and in the State Insurance Company previously reported, the amount of payment for lost property under the aviation hull insurance policy became the cause of disagreements between the policyholder and Kapital Insurance. One of Vedomosti's sources knows the reason for the delay in payments is the difference between the terms of insurance and reinsurance, but he does not specify what this difference is.

The insurer has preliminarily paid 15% of the total amount of the loss. In April, GSS filed a $29.5 million lawsuit against Kapital Insurance in the Moscow Arbitration Court; the case hearing is scheduled for July. A representative of GSS declined to comment on the situation with the claims. According to a GSS employee, the parties have different approaches to assessing the loss, "the correctness of which is entrusted to the Moscow Arbitration Court to determine, so the court's decision in the Khanty-Mansiysk Autonomous Okrug is not a matter of principle for us." A representative of Kapital Insurance declined to comment on the lawsuit.

The risk reinsurers are aware of the claims. Allianz Global Corporate & Specialty is one of the reinsurers of this risk, the company's communications director Hugo Kidston confirmed to Vedomosti. He declined to comment further, citing the ongoing legal process. A representative of AIG's Russian office was unable to comment on the situation with the claim.

Buffett to Pay for Superjet