The plaintiff's father in 2015 issued a loan in Sberbank in the amount of 381 thousand rubles for 58 months at 22.55% per annum. He died a year later without repaying the loan.
In 2020, a credit institution filed a lawsuit against the debtor's daughter, demanding repayment of interest. The claim was granted. The decision of the instance was challenged, but the courts of appeal and cassation sided with the bank.
However, the Supreme Court found that the borrower, having received a loan, entered into an agreement on life and health insurance. The bank was indicated as the beneficiary on it, the loan was to be repaid due to compensation.
- Evasion of a credit institution, which, unlike a citizen-borrower, is a professional participant in these legal relations, from exercising its rights to receive insurance compensation on the occasion of the death of an insured borrower and filing a claim against the borrower's heirs for debt collection without taking into account insurance compensation should be assessed by the court including for compliance with the requirements of the law, the court concluded.
Making a claim on the heiress "deprived the life and health insurance of borrowers of meaning as a way to secure obligations under a loan agreement with the definition of a lender as a beneficiary". The decision was reversed.