The Krasnoye Sormovo source was unable to challenge the assignment of compensation. The Moscow Arbitration Court considered the claim of the Krasnoye Sormovo shipbuilding plant against the shipping company Pola Rise and JSC Alfastrakhovanie. The Nizhny Novgorod Shipyard requested that the supplementary agreement to the insurance contract for the dry-cargo ship Pola Maria be declared invalid. In less than a year of operation, the ship's rudder propeller broke down, and the customer demanded that the plant pay compensation in the amount of 28 million rubles. and almost $600,000. The agreement regulates the assignment of the right to claim insurance, and Krasny Sormovo is afraid of double recovery of losses. However, the court found the shipbuilders' claims unfounded, since the investigation into the causes of the accident has not yet been completed.
The Moscow Arbitration Court resolved the dispute between the Nizhny Novgorod shipyard Krasnoye Sormovo (part of the United Shipbuilding Corporation, USC) against Alfastrakhovanie JSC and Pola Rise LLC. The plaintiff demanded to annul the supplementary agreement on the rights of claim to the insurance contract for the dry-cargo ship Pola Maria. This vessel of the RSD59 project was built by order of the State Transport and Leasing Company (STLC) for the Pola Rise company and handed over to it in April 2020.
However, in March 2021, the left side propeller-steering column broke down on the dry-cargo ship, the shipowner repaired the dry-cargo ship at his own expense and sued the Krasnoye Sormovo plant for 28 million rubles. and nearly $600,000, demanding reimbursement for their repair costs. The shipbuilders deny their guilt in the accident, referring to the fact that they installed a Schottel rudder propeller, which arrived at the plant as an assembly.
Nevertheless, even before the incident with the 2021, along with another fleet, was insured by Alfastrakhovanie JSC, and the insurer undertook to compensate the shipowner for losses in the event of a breakdown.
In July last year, the parties signed an additional agreement to the insurance contract, which does not contain special conditions on the transfer of the right of claim of Pola Rise LLC to the insurer in the event of proceedings with the perpetrators responsible for the losses. Accordingly, Alfastrakhovanie, having paid compensation to the shipowner, may file claims against the person responsible for the accident. As follows from the court documents, Paula Rise received 43.8 million rubles from the insurance company. reimbursement.
However, the shipowner also retained the right to claim damages, which he is trying to recover in court on his own.
The lawyers of the shipyard submitted two payment orders dated July 28 and 29, 2021 for the payment of insurance. They believe that the additional agreement between Paula Rise and the insurance company, signed on July 27 of the same year, could not be executed before the transfer of compensation.
At Krasny Sormovo, they believe that the additional agreement is illegal and violates their rights, since in the future there may be a double recovery of losses for one insured event – both Alfastrakhovanie and Paula Rise may demand compensation.
However, the court decided that “Paul Rise” and the insurer did not violate the law, independently determining their relationship in terms of the right to claim possible losses. At the same time, insurance payments were interim, and an agreement on the settlement of an insured event is signed only after the final settlement, which is impossible until the end of litigation over the breakdown of the ship, the court decided. Moreover, “Pola Rise” is suing the shipyard also to minimize the losses of the insurer, the court decision says.
of the Code, noting that, regardless of the payment of insurance compensation, the rights of claim from Alfastrakhovanie to Paula Rise were not transferred. The judge did not see the abuse of the right of the defendants, on which the shipbuilders insisted.
As a result, the Krasnoye Sormovo plant was denied satisfaction of the claim.
The shipyard does not comment on the decision and future prospects dry cargo insurance proceedings. In the meantime, the main litigation about damages for the breakdown of the ship continues. A forensic technical examination has been appointed in the case, designed to establish the reasons for the failure of the rudder propeller.
At the same time, Krasnoye Sormovo intends to prove its innocence in this accident, assuming that the vessel could have been improperly operated.
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