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Pipko Vladimir

He specializes in protecting the business reputation of legal entities, honor and dignity of individuals, protecting intellectual property, disputes with insurance companies, legal support for the activities of public organizations.

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IS IT POSSIBLE TO GET INSURANCE PAYMENTS FOR PROPERTY DAMAGED BY RASHISTS?

Since Russia’s war against Ukraine reached a new level (full-scale invasion on February 24, 2022) and the imposition of martial law in our country, many Ukrainians have begun to question the validity of real estate and movable property insurance contracts, as well as health.
It should be noted at once that insurance contracts during martial law do not terminate, but there may be some restrictions in areas where intense hostilities are taking place.

In summary, most insurance companies have developed a mechanism to work with their clients during martial law and appropriate compensation for insured events occurs.

In addition, it is now possible to conclude new insurance contracts.

Military status and payments for damaged property 

In itself, the imposition of martial law in Ukraine is not a ground for refusing to pay under an insurance contract, but first of all you need to focus on the provisions of the contract itself, as well as the circumstances that damaged the property.

If the car is damaged, for example, as a result of enemy fire, it is unlikely to compensate for the damage, as most property insurance contracts provide for the exclusion of insurance payments in case of force majeure, such as hostilities. However, all the same, in order to form any conclusion, it is necessary to analyze the provisions of the insurance contract itself.

At that time, for example, insurance payments for damages received in an accident, or any other damages received under an insurance contract, the cause of which is not related to hostilities in Ukraine – are carried out.

The fact is that after the start of the war in Ukraine in 2014, insurance companies began to include certain provisions in the texts of their insurance contracts, namely provisions limiting insurance indemnities for property damage due to or during war, invasion, armed conflict, etc. in the zone , where hostilities continue. Such provisions of insurance contracts create positive conditions for future litigation between the insurer and the insured.

Insurance payments for health damage during combat

In summary, in most cases, the damage caused to the health of civilians during hostilities by insurance companies is not reimbursed.
However, some insurance companies go to meet their customers and make appropriate payments for civilian injuries as a result of hostilities. Thus, it is more individual and you need to find out directly from your insurance company.

Russia’s military aggression against Ukraine was recognized as a force majeure circumstance, which is confirmed by the relevant letter of the Chamber of Commerce and Industry of Ukraine dated February 28, 2022.

Thus, the regulations provide that the parties are released from liability for breach of their obligations due to force majeure, ie extraordinary and unavoidable events, such events include hostilities.

Based on this, the insurance company may invoke force majeure in order to delay the fulfillment of its obligations under the contract. That is, insurance companies are not exempt from their contractual obligations, and such obligations may be suspended for the duration of martial law.

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