In 2020-2021, PJSC IC “Rosgosstrakh” insured approximately 100 railway vehicles (wagons). The policyholder was ООО “Repetek,” and the wagons were operated in Ukraine by the lessee, “Ecoline" LLC.

According to the insurance contracts, PJSC IC “Rosgosstrakh” was obligated to pay insurance compensation in the event of damage, loss, or destruction of the insured wagons. However, the insurance contracts stipulated that the loss or destruction of the wagons due to nationalization or confiscation by the state would not be considered an insured event. The insurance contracts also excluded zones of military conflict from the scope of insurance coverage.

In spring 2022, the insured wagons were seized based on rulings from Ukrainian courts, prompting the lessee to notify “Repetek” LLC that it had lost the ability to operate the wagons and their location was now unknown. Subsequently, in summer 2022, a criminal case was initiated in Russia under Article 158 of the Criminal Code of the Russian Federation (theft) in connection with these events.

“Repetek” LLC filed a claim with the arbitration court demanding insurance compensation from PJSC IC “Rosgosstrakh,” claiming that the wagons had been stolen and this constituted an insured event. The Moscow Region Arbitration Court, in its decision dated August 5, 2024, in case No. A41-64452/2023, granted the claims of “Repetek” LLC, including relying on the evidentiary strength of the ruling by a Russian investigator initiating the criminal case.

However, to protect its interests in higher instances, PJSC IC “Rosgosstrakh” turned to KKMP. The KKMP team appealed the first instance decision, proving that the wagons had not actually been stolen, but rather nationalized by the Ukrainian authorities, which did not constitute an insured event under the terms of the insurance contracts.

As a result, the Tenth Arbitration Court of Appeal agreed with the arguments of the KKMP team and overturned the decision of the first instance court in its ruling dated December 6, 2024. The Court of Appeal specifically stated that the investigator's ruling was probabilistic and contradicted the established circumstances of the nationalization of the wagons.

The ruling of the Moscow District Arbitration Court dated March 27, 2025, denied the cassation appeal of “Repetek” LLC, and the appellate court's ruling remained in force.

Given that more than 15,000 railway wagons and a significant amount of other Russian insured property remain and were effectively nationalized in Ukraine, this case is very important for the entire Russian judicial practice concerning insurance disputes.