Insurance litigation—Ukraine—Q&A guide
Insurance litigation—Ukraine—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—Ukraine—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in Ukraine published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Vasil Kisil & Partners—Oleg Kachmar; Oleksandra Bortman

1. In what fora are insurance disputes litigated?

Depending on the parties to the case, insurance disputes are usually litigated in commercial or general courts. If the insured is an individual, the case should be considered by the general court, while all other types of disputes, including disputes between legal entities, will come under the jurisdiction of the commercial court.

Also, administrative courts adjudicate the disputes between an insurer and the regulatory authority (the National Bank of Ukraine) as to the decisions on the application of measures for the violation of legislation on financial services.

2. When do insurance-related causes of action accrue?

Primarily, insurance-related disputes arise from the breach of obligations under the insurance contract and from the violation of the regulatory acts relating to the procedure for concluding, fulfilling or terminating these agreements.

Apart from that, disputes often arise as to the validity of the insurance contracts (eg, owing to failure of the insured to provide accurate information on the subject matter of the insurance contract or on the refunding of insurance premiums resulting from invalidation or termination of the insurance contract).

The most common breach of obligations is the refusal

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