Weather

Vitebsk
Brest
Hrodna
Homiel
Mahilyow
Мinsk

Statistics

Articles View Hits
26969715

Recommend Print

The court rejected REP trade union's claim against "Belgosstrakh"

Belarusian trade union of radio-electronic industry in the interests of organized labor lawyer Valery Misnikov and his daughter Tatyana Misnikova filed a civil suit against the "Belgosstrakh." However, the judge district court of Vitebsk Railway Svetlana Vorotynskaya decided it is not in favor of the plaintiff in accordance with its decision, the state insurance company can not meet its obligations under long-term insurance in 1991.

In 1991 Valery Misnikov designed by his daughter then popular "insurance for the wedding." Under the terms of insurance of his daughter had to pay after her wedding or she reaches a certain age a lot of money. Upon reaching the age exactly what - 21 or 25 years - from the contract is not clear, but more on that below. The sum insured was 1000 the old, old Soviet rubles. At the end of this thousand term insurance also had to bear interest - 0.25% monthly.

Mr. Misnikov for some time regularly pay money to policyholders and its part of the contract of insurance completed in full. And in 2004, the term of insurance has ended - Tatiana Misnikova 18 years. In 2006, her father turned to the "Belgosstrakh" asking about the fate of the money, which he hoped would soon be his daughter.

In response to the officer, "Belgosstrakh" said his company has no objection to the payment of the amount due, but first has to be taken a certain decision regarding the payment of the debt. "When a positive decision on the date for payment under the contract of long-term insurance, you will be informed of further" - promised to insurers in your answer. "Wait" - so you can rephrase the response received by Valery Misnikova. And he waited...

In 2012, Mr. Misnikov reverted back to "Belgosstrakh." Again received a similar response. This year is the Republican Council of REP's central office "Belgosstrakh." Answer: As a result of the denominations "Belgosstrakh" failed to make payment of the amounts of insurance coverage in the amount corresponding to the current economic situation. Taking into account the urgency of the problem of compensation for material losses of citizens, state bodies of the Republic of Belarus considered the issue related to the ability to compensate for the amounts paid by the citizens of the premiums. Adoption by government final decision on compensation premiums paid by policyholders and the allocation of "Belgosstrakh" required amount of funds from the state budget and the beginning of the compensation payments will be reported in the media.

Valery Misnikov: "In 2006, they sent me a paper that I have to wait. I am a law-abiding citizen waited for the moment when the message of the action "Belgosstrakh"... In 2006, converted, in 2012, turned back, and in 2013... And every time I say, "Wait." "You wait for the government to decide"... So, I have no respect for our president and the prime minister? They will take a decision ever! I am a law-abiding, honest citizen I am - I've been waiting."

Finally, tired of waiting... The requirement to pay the insured amount and the interest on that amount, which shall be payable in accordance with the terms of insurance, was sent to the court.

At trial, the defendant was represented by counsel leading branch "Belgosstrakh" Vitebsk Oblast Vladimir Zhurko. According to him, the insured event occurred in 2007, when Tatiana Misnikova 21 years (it has entered into a marriage later, in 2012), and if she had asked for the payment, it would have received it - in the amount of... 18 cents (including 11 cents - the sum insured, 7 - compensatory payment). And to date, the statute of limitations, they say, was - as expressed in the court of its position representative of the defendant.

The limitation period is 3 years. Thus, according to the lawyer, "Belgosstrakh", for it was necessary to seek payment from 2007 to 2010. And now it seems to be too late.

Here it is appropriate to recall the age at which, under the contract of insurance, an insured event occurs, if the insured person has not entered into a marriage. On the form of the contract, which has on hand, Mr. Misnikov, is the number "25", but it is crossed out and replaced with a pen written "21" without any sign beside that the fix is part of the contract. It also published the terms of insurance - and there's also "25".

Other contract with the other terms under which there was a signature of Misnikov, the court was not presented. The fact that the conditions have changed, he did not report. Thus, even if we accept the argument of the defendant, that the insured event occurred not in 2007, and in 2011 (then Tatiana Misnikova turned 25), and of any statute of limitations is not out of the question.

"If the 18 cents, and they have already been recognized, there are, then use them until this day. And if they are, I ask the losses suffered and I suffered Misnikova Tatiana V. compensate in full. How so? Indexing them to inflation," - said Valery Misnikov his claim in court.

According to Valery Misnikov, "Belgosstrakh" has enough money to pay the required amount. In court, he quoted the words of the director Sergei Yakubitskogo published by the magazine "Finance, Accounting and audit», № 12 of 2012, which states that the amount of insurance reserves established on October 1, 2012, is 2,400 Belarusian rubles.

After hearing the parties, the judge Vorotynskaya adopted a resolution in favor of "Belgosstrakh." She refused REP's claim, as alleged "limitation period has expired." "Why in Hong Kong is no such theft? - Asked rhetorically Valery Misnikov - Why is there a right judgments, and not corrupt? And we, in the prosperous Belarus, it turns out that you can not get justice and protection of property rights violations."