CMS Kyiv secures a crucial win in a complicated cross-border life insurance case

CMS Kyiv has successfully represented Allianz Australia Life Insurance Limited, OnePath Life Limited and Suncorp Life & Supperannuation Limited, all Australian life insurance companies (together the “Insurers”), in a complex fact-finding and private investigation assignment that culminated in the court proceedings through the system of Ukrainian Administrative Courts.

The dispute related to malicious attempts made by аn insured Russian citizen (the “Insured”) to defraud the Insurers for many million Australian dollars in life insurance money. The fraudulent plot was based on the Insured’s fabricated death in Ukraine. For that purpose the Insured with the assistance of certain civil servants of the City of Kharkiv managed to set up a fraudulent scheme involving a real corpse, an official death certificate issued in Ukraine in the name of the Insured, plus other falsified evidence regarding his purported death in Ukraine. The alleged Insured’s death kicked off a legal dispute over life insurance money by his alleged ‘heirs’ against the Insurers in Australia.

CMS Kyiv has managed successfully to complete the above private investigation and untangle the web of lies behind the alleged death of the Insured in Ukraine. In particular, CMS Kyiv in cooperation with its local counsel in Kharkiv have successfully identified and then proved in court the true identity of the deceased person standing behind the falsified death certificate issued in the name of the Insured, and then invalidated the death record in the Ukrainian Administrative Court system. By having achieved the above, CMS Kyiv has managed to destroy the malicious plot of the Insured and his alleged ‘heirs’ launched in Australian courts. It is expected that on that basis the Insurers will be able to bring the Australian litigation to successful ending soon thereafter.

The project was led by senior partner Olexander Martinenko and senior associate Sergiy Gryshko with invaluable assistance of associate Andriy Stetsenko. Anton Novakov of Shkrebets & Partners Law Firm acted as a local counsel in Kharkiv.