OREANDA-NEWS. May 28, 2010. The Moscow Arbitration Court considered the claim submitted by Ingosstrakh OJSIC for collection of debt under an insurance agency agreement from Alt LLC. The court fully satisfied the claim and issued a judgment to collect 15,322,017 rubles 81 kopecks from Alt LLC in favor of the insurer.

The court proceedings were initiated by Ingosstrakh OJSIC in connection with improper performance of the agency agreement by non-insurance intermediary Alt LLC.

On April 1, 2008 Ingosstrakh OJSIC and Alt LLC entered into an insurance agency agreement. The subject of the agreement was the performance by the agent on behalf and at the expense of Ingosstrakh OJSIC of activity aimed at entering into contracts with Russian and foreign individuals and corporate entities. Under the agency agreement, Alt LLC was obliged to submit to Ingosstrakh OJSIC, monthly, information about all insurance contracts entered, and to receive from the insured persons the insurance premium under insurance contracts and monthly transfer it onto Ingosstrakh OJSIC settlement account in full or net of the agent's fee.

The Moscow Arbitration Court deemed the debt to be document supported, and the insurer's demands to be valid and subject to satisfaction, specifying that Alt LLC, in violation of Art. 309 and 310 of the Civil Code of the Russian Federation, failed to transfer onto Ingosstrakh OJSIC's settlement account money in the amount of 15,322,017.81 rubles.

In addition to collection of the debt, Ingosstrakh will also pursue the initiation of criminal cases against the officers of all insurance brokers and agents that violate their obligations to transfer the insurance premiums under the contracts and return of the registered accounting forms.

As earlier stated, a criminal case has already been initiated for a similar situation for the offence specified in part 4, Art. 160 of the Criminal Code of the Russian Federation (theft of property with prior arrangement as an organized group, or in particularly large amounts, which is punished with imprisonment for the term from 5 to 10 years with a fine up to 1 mln rubles) against the former General Director of Garant-Service Ruslan Sharov and other persons. The case was initiated in April; Ingosstrakh OJSIC was one of the claimants. Moreover, on May 18, 2010 the Gagarinsky District Court of Moscow issued a judgment on collection from R. Sharov of money in the amount of 20 mln rubles for failure to perform an agreement by the agent Finstar LLC, for which R. Sharov was the surety.