The Supreme Court adopted AKS Legal’s position in another case

This is the question the opposing parties asked the court: who—the insurer or the insurant—should be liable for the risk of non-payment of the insurance premium if a third party (local authority of a federal constituent entity of Russia) pays such a premium on behalf of the insurant? As far as we are concerned, the question was incorrectly formulated, since payment of the insurance premium is the basic obligation of the insurant as a party to the insurance agreement, no matter who performs the actual payment. However, courts of the first and appeals instances concluded that the insurer, not the insurant, has to claim the premium from the local authority; the insurer's actions under the agreement concluded were recognized abuse. We managed to get the lower courts' acts reversed, after which the Commercial Court of the Moscow District, and then the Supreme Court of the Russian Federation confirmed the point of our client, specifying that the consequences of the agreement execution shall be assigned to the insurant as a party to the agreement.

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