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The court stood up for the woman whom the bank recovered the loan of her deceased father from

The Supreme Court of the Russian Federation stood up for a resident of Pyatigorsk, from whom the bank recovered over 400 thousand rubles on her deceased father’s loan, although the man had life and health insurance, ASN reports.
The court stood up for the woman whom the bank recovered the loan of her deceased father from

According to the case file, in 2015 the plaintiff's father took a loan of 381 thousand rubles from Sberbank for 58 months at 22.55% per annum; he passed a year later without repaying the loan. The bank filed a lawsuit against his daughter and sole heiress in 2020 demanding to repay the loan and interest. The court granted the claim. The woman challenged the decision, but the appeal and cassation courts sided with the bank.

The Supreme Court of the Russian Federation decided otherwise: it drew attention to the fact that initially the borrower when receiving a loan, entered into life and health insurance agreement, according to which, the bank was indicated as the beneficiary, and the loan was to be repaid due to compensation.

“Evasion of a credit institution, which, unlike an individual borrower, is a professional participant in these legal relations, from exercising its rights to receive insurance benefit in the event of the insured borrower’s death and filing a claim against the borrower’s heirs for the recovery of debt without taking into account insurance compensation must be assessed by the court including for compliance with the requirements of the law,” the court noted.

According to the court, the claim against the heiress in this case “deprives the life and health insurance of borrowers as a way of securing obligations under a loan agreement with the definition of a lender as a beneficiary.” It reversed the decision and sent the case back for retrial.

Source: https://www.asn-news.ru/news/79951

Photos are from open sources.

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