Insurance Litigation in Ukraine 2023

PRELIMINARY AND JURISDICTIONAL CONSIDERATIONS IN INSURANCE LITIGATION

Fora

1. In what fora are insurance disputes litigated?

Causes of action

2. When do insurance-related causes of action accrue?

Preliminary considerations

3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?

Damages

4. What remedies or damages may apply?

INTERPRETATION OF INSURANCE CONTRACTS

Rules

6. What rules govern interpretation of insurance policies?

Ambiguities

7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?

NOTICE TO INSURANCE COMPANIES

Provision of notice

8. What are the mechanics of providing notice?

Obligations

9. What are a policyholder’s notice obligations for a claims-made policy?

Timeliness

10. When is notice untimely?

INSURER’S DUTY TO DEFEND

Scope

12. What is the scope of an insurer’s duty to defend?

Failure to defend

13. What are the consequences of an insurer’s failure to defend?

STANDARD COMMERCIAL GENERAL LIABILITY POLICIES

Bodily injury

14. What constitutes bodily injury under a standard CGL policy?

Property damage

15. What constitutes property damage under a standard CGL policy?

Occurrences

16. What constitutes an occurrence under a standard CGL policy?

Coverage

18. What event or events trigger insurance coverage?

First-party property insurance

Scope

20. What is the general scope of first-party property coverage?

Valuation

21. How is property valued under first-party insurance policies?

Natural disasters

22. Is insurance available in your jurisdiction for natural disasters and, if so, how does it generally operate?

Pandemic

23. Is insurance available in your jurisdiction for pandemic-related losses and, if so, how does it generally apply?

Directors’ and officers’ insurance

Scope

24. What is the scope of D&O coverage?

Litigation

25. What issues are commonly litigated in the context of D&O policies?

Cyber insurance

Coverage

26. What type of risks may be covered in cyber insurance policies?

Litigation

27. What cyber insurance issues have been litigated?

Terrorism insurance

Availability

28. Is insurance available in your jurisdiction for injury or damage caused by acts of terrorism and, if so, how does it generally operate?

Update and trends

Key developments of the past year

29. Are there any emerging trends or hot topics in insurance law in your jurisdiction?