Ukraine: Insurance Disputes

This country-specific Q&A provides an overview of Insurance Disputes laws and regulations applicable in Ukraine.

  1. What mechanism do insurance policies usually provide for resolution of coverage disputes?

  2. Is there a protocol governing pre-action conduct for insurance disputes?

  3. Are the Courts in your region adept at handling complex insurance disputes?

  4. Is alternative dispute resolution mandatory in your jurisdiction?

  5. Are successful policyholders entitled to recover costs of insurance disputes from insurers? 

  6. Is there an appeal process for Court decisions and arbitral Awards?

  7. How much information are policyholders required to disclose to insurers prior to inception of the policy?

  8. What remedies are available for breach of the duty of disclosure, and is the policyholder’s state of mind at the time of providing the information relevant?

  9. Does the duty of disclosure end at inception of the policy?

  10. Are certain types of provisions prohibited in insurance contracts?

  11. To what extent is a duty of utmost good faith implied in insurance contracts?

  12. Do other implied terms arise in consumer insurance contracts?

  13. Are there limitations on insurers’ right to rely on defences in certain types of compulsory insurance, where the policy is designed to respond to claims by third parties? 

  14. What is the usual trigger for cover under insurance policies covering first party losses, or liability claims?

  15. Which types of loss are typically excluded in insurance contracts?

  16. Does a ‘but for’ or ‘proximate’ test of causation apply, and how is this interpreted in wide area damage scenarios?

  17. What is the legal position if loss results from multiple causes?

  18. What remedies are available to insurers for breach of policy conditions?

  19. Are insurers prevented from avoiding liability for minor or unintentional breach of policy terms?

  20. Where a policy provides cover for more than one insured party, does a breach of policy terms by one party invalidate cover for all the policyholders? 

  21. Where insurers decline cover for claims, are policyholders still required to comply with policy conditions?

  22. How is quantum usually assessed, once entitlement to recover under the policy is established?

  23. Where a policy provides for reinstatement of damaged property, are pre-existing plans for a change of use relevant to calculation of the recoverable loss?

  24. After paying claims, to what extent are insurers able to pursue subrogated recoveries against third parties responsible for the loss?

  25. Can claims be made against insurance policies taken out by companies which have since become insolvent? 

  26. What are the significant trends/developments in insurance disputes within your jurisdiction in recent years?

  27. Where in your opinion are the biggest growth areas within the insurance disputes sector?