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CMS Cameron McKenna Kyiv Secures a Crucial Win in a Complicated Cross-Border Life Insurance Case
CMS Cameron McKenna,
Kyiv, Ukraine, Wed, Sep 2, 2015
CMS Kyiv has successfullyrepresented Allianz Australia Life Insurance Limited, OnePath Life Limited andSuncorp Life & Supperannuation Limited – all Australian life insurancecompanies (together - the “Insurers”) - in a complex fact-finding and privateinvestigation assignment that culminated in the court proceedings through thesystem of Ukrainian Administrative Courts.
The dispute related to maliciousattempts made by аn insured Russian citizen (the “Insured”) to defraud theInsurers for many million Australian dollars in life insurance money. The fraudulent plot was based on theInsured’s fabricated death in Ukraine. For that purpose the Insured with the assistance of certain civilservants of the City of Kharkiv managed to set up a fraudulent scheme involvinga real corpse, an official death certificate issued in Ukraine in the name ofthe Insured, plus other falsified evidence regarding his purported death inUkraine. The alleged Insured’s death kicked off a legal dispute over lifeinsurance money by his alleged ‘heirs’ against the Insurers in Australia.
The Kyiv Office has managedsuccessfully to complete the above private investigation and untangle the webof lies behind the alleged death of the Insured in Ukraine. In particular, CMSKyiv in cooperation with its local counsel in Kharkiv have successfullyidentified and then proved in court the true identity of the deceased personstanding behind the falsified death certificate issued in the name of theInsured, and then invalidated the death record in the Ukrainian AdministrativeCourt system. By having achieved theabove, CMS Kyiv has managed to destroy the malicious plot of the Insured andhis alleged ‘heirs’ launched in Australian courts. It is expected that on that basis theInsurers will be able to bring the Australian litigation to successful endingsoon thereafter.
The project was led by SeniorPartner Olexander Martinenko and senior associate Sergiy Gryshko withinvaluable assistance of associate Andriy Stetsenko. Anton Novakov of Shkrebets & Partners LawFirm acted as a local counsel in Kharkiv.
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For further information, please contact:
Darina Gordienko, CMS
+38 044 3913377
NOTES TO EDITORS
About CMS
CMS provides clients with specialist, businessfocused advice in law and tax matters. With our 3,000 legal professionalsacross the world, working in sector-based teams and expert in projectmanagement, our focus is on our clients and fulfilling their objectives.
CMS is a full-service top 10 global law firm, based on the number of lawyers(Am Law 2013 Global 100). With 59 offices in 33 countries across the world,revenues totalled €943m in 2014. CMS acts for the majority of the DAX 30, a large number of the FTEuropean 500 and a number of Fortune 500 companies.
CMS provides a wide range of expertise across 19expert practice and sector areas including Banking and Finance, Commercial,Competition, Corporate, Dispute Resolution, Employment, Energy, Funds,Intellectual Property, Life Sciences/ Pharmaceuticals, Public Procurement, RealEstate & Construction, Tax and TMT.
For more information, please visit www.cmslegal.com
CMS offices and associated offices: Aberdeen, Algiers, Amsterdam, Antwerp,Barcelona, Beijing, Belgrade, Berlin, Bratislava, Bristol, Brussels, Bucharest,Budapest, Casablanca, Cologne, Dubai, Dusseldorf, Edinburgh, Frankfurt, Hamburg,Geneva, Glasgow, Istanbul, Kyiv, Leipzig, Lisbon, Ljubljana, London,Luxembourg, Lyon, Madrid, Mexico City, Milan, Montenegro, Moscow, Munich,Muscat, Paris, Prague, Rio de Janeiro, Rome, Sarajevo, Seville, Shanghai,Sofia, Strasbourg, Stuttgart, Tirana, Utrecht, Vienna, Warsaw, Zagreb andZurich.
