The Moscow Arbitration COURT exempted the Soglasie insurance company from paying 85.17 million rubles to Severny Klyuch JSC for animals that died from an outbreak of African swine fever.
The epizootic focus of ASF at the pig-breeding complex of Severny Klyuch JSC in the village of Savruha, Pokhvistnevsky district, Samara region, appeared at the end of October 2020. The livestock insured under the program with state support at the Soglasie insurance company was destroyed.
The pig-breeding company, which was on the verge of ruin, filed two claims with the Moscow Arbitration Court with claims against the insurer of 140.855 million and 85.17 million rubles, respectively. In June, the court ruled on one of the claims in the interests of the insurance company. According to the media, the plaintiff had no chance of success initially.
Based on the court materials, in the contract between Severny Klyuch JSC and IC Soglasie, insured events are formulated as follows: “death of animals as a result of a contagious disease” (232 heads) and “alienation of animals during the elimination of foci of especially dangerous diseases” (11608 heads).
IC "Soglasie" presented documentary evidence of violation of veterinary and sanitary rules and regulations on the farm of JSC "Severny Klyuch" affected by ASF. The regional department of the ROSSELKHOZNADZOR confirmed that the company included deliberately false data in the eVSD, drivers of vehicles entering the territory of the pig farm did not undergo sanitization, and in November a wild boar was seen near one of the buildings. In addition, the insurer added information about the presence of rodents, cats and rats, the transportation of feed in open bodies and many other facts indicating the carelessness of the management of the pig farm.
Disputing the obligation to compensate for the loss of 232 heads of pigs, the lawyers of IC "Consent" refer to the fact that the amount exceeds the size of the franchise. In their opinion, such requirements are imposed not on insurers, but on government bodies.
General DIRECTOR of JSC "Northern Key" Sergey Denshchikov said that the company intends to continue the proceedings with the insurance company.