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Court orders Germany’s SSI Schaefer to pay $42.4 mln to Russia’s Ingosstrakh

In April 2017, a ready products storage collapsed in the territory of the Russia’s largest juice producer Lebedyansky, where Ingosstrakh was the insurer

MOSCOW, November 16. /TASS/. The Moscow Arbitration Court made a decision to rule for the Russian insurer Ingosstrakh on recovery of 2.8 bln rubles ($42.4 mln) from Germany’s SSI Schaefer, manufacturer and supplier of equipment and system for internal warehouse logistics, according to the court judgment published in the file of arbitration cases.

A ready products storage collapsed on April 25, 2017 in the territory of the Russia’s largest juice producer Lebedyansky owned by PepsiCo. Over 28 mln liters of juices leaked into the Don River.

Ingosstrakh was the insurer of property and losses from business interruption of Lebedyansky, PepsiCo Holdings and Frito Lay Manufacturing (acted as third parties in the case).

The court ascertained that "collapse of the racking system of the warehousing facility with damage of equipment and structures and destruction of third party merchandize occurred."

Ingosstrakh recognized the event as insured and paid insurance indemnity of 2.8 bln rubles ($42.4 mln) to companies. According to the Russian Civil Code, the right to claim damages from the person liable to damages passes to the insurer after making the insurance payment.

The court ascertained that the cause of the collapse was "uneven load on rack shelves, crane forks impact (...) on rack walls and inability of rack beams to bear the load of four pallets and the lifting platform of the crane with forks." A claimant’s representative said earlier that warehouse beams were damaged on April 23, which led to the storage collapse in two days.

PepsiCo Holdings and SSI Schaefer had an effective service and maintenance contract at the accident time, the court ascertained.

The court regarded Ingosstrakh’s arguments as justified and pronounced judgment for the claimant. The court made a decision on October 24 and it can be appealed within one month.