The Court of Appeal has upheld a finding that international aircraft leasing firms based in Dublin are entitled to certain documentation from insurers who allegedly refused to provide indemnity for the loss of planes detained in Russia.
In a ruling on a preliminary issue raised in the actions earlier this year Mr Justice Denis McDonald found that the plaintiff groups were entitled to the discovery of certain disputed documentation from the defendant insurers.
These aircraft, valued at over €1bn, were not returned when the companies requested them back following Russia’s invasion of Ukraine in early 2022.
Several insurers, including Lloyds, Swiss Re International, Chubb European Group, and AIG Europe, are involved in the proceedings, as they declined to cover losses under “war risks” policies.
The plaintiffs argued that they needed access to certain disputed documentation, including notices of cancellation in relation to aviation assets in Russia, Ukraine, Crimea, and Belarus, to progress their claims.
The Court of Appeal dismissed the insurers’ appeal and upheld the plaintiffs’ right to obtain the necessary documents, stating that it did not amount to an impermissible fishing exercise.
