Court of Arbitration Moscow at a meeting on Monday decided to recover from " VTB Insurance"(part of the SOGAZ group) at the suit of the owners of the Sindika market that burned down two years ago (Sindika-O LLC) for a total of 766 million rubles, an Interfax correspondent reported from the courtroom.
"To collect from VTB Insurance LLC in favor of Sberbank of Russia on the basis of an agreement on opening a non-revolving credit line of 135.9 million rubles insurance compensation under an insurance contract (. . .) to collect from VTB Insurance in favor of Sindika-O LLC 489.7 million rubles of insurance compensation, 15.1 million rubles of losses, 125.3 million rubles of interest for the use of other people's in cash, (. . .) as well as the cost of paying the state duty in the amount of 184 thousand rubles. To refuse to satisfy the rest of the claims," the judge's decision says.
Major fire in the mall building materials"Sindika", located on the 65th km of the Moscow Ring Road, occurred in October 2017. The shopping center was insured by VTB Insurance in the amount of 4.3 billion rubles, in the summer of 2018 the case was recognized as insured, and the insurer paid the organization 3.6 billion rubles.
At the end of June 2019, Sindika-O LLC applied to the Moscow Arbitration Court with a demand to recover from VTB Insurance the lost insurance compensation in the amount of 639 million rubles, as well as interest for the use of other people's funds in the amount of 111 million rubles and losses in the amount of 213 million rubles (total 963.4 million rubles). According to the representative of the plaintiff, due to incomplete insurance compensation, the organization had a debt on a loan to Sberbank.
The main discussion at the meeting on Monday between the representatives of the plaintiff and the defendant revolved around the fact that, according to the defendant, after the fire, the insured object had good residues. Defendants also alleged that the owners of the market had demolished insured elements of the building that could be used or sold. The insurer told the court that, taking into account depreciation and remaining usable balances, the full amount of loss of property was paid based on the declared book value.
The plaintiff's side reported that the emergency elements of the burnt building were demolished by agreement of both parties. In addition, the insured object was completely declared dead and no usable remains were left on it, but if the defendant believes that the remains can be of value, then the plaintiff stated in court that he was ready to refuse them and transfer them to the defendant for use.
The decision can be appealed within a month from the date of manufacture.
The fees of Russian insurance companies in 2019 did not change compared to 2018 and amounted to 1.48 trillion rubles. For the first time since 2009, the market has not grown, according to a review of key performance indicators of insurers by the Central Bank of the Russian Federation. As noted in the review, stagnation is associated with a change ...
The losses of the owners of the Sindika shopping center that burned down on Sunday amount to at least 5.5 billion rubles, the losses of several hundred tenants - at least another 6 billion rubles. A new shopping center on the site of the burned-out one will be built in a year and a half
Everything is lost
Fire in the construction trade center "Sindika" on the 65th kilometer of the Moscow Ring Road 55 thousand square meters. m, reported in the main department of the Ministry of Emergency Situations of Russia in the Moscow region. The fire was recorded on Sunday, October 8, around 15:00; open burning was eliminated only by seven in the morning on Monday, October 9th. The shopping center burned out completely. As one of the versions, there is now a possible explosion of a gas cylinder in one of the cars in the underground parking lot. According to RBC's source in the regional Ministry of Emergency Situations, shortly before the explosion, a bang sounded in the parking lot. The same information was voiced by a source in the Central Regional Center of the Ministry of Emergency Situations. At the same time, it is too early to talk about arson, RBC interlocutors said.
The shopping center was built in 2014 on the site of a construction market and belongs to the Sindika holding, controlled by the family of the senator from Kabardino-Balkaria Arsen Kanokov (in the latest Forbes rating "200 richest businessmen of Russia" it ranks 191st with a fortune of $ 500 million).
Sindica in numbers
The total area of the shopping center "Sindika" was 131 thousand square meters. m, it occupied 14.8 hectares in the village of Razdory, Odintsovo district, Moscow region, according to a public cadastral map. The land and the complex itself belonged to Sindika-O LLC, according to an extract from the United state register real estate. 49% of Sindika-O LLC belongs, according to the Unified State Register of Legal Entities, to Fatima Kanokova, 21% belongs to Artur Kardanov, co-owner of several dozen structures affiliated with the Sindika holding. The remaining 30% belongs to LLC Invest-Maxima, CJSC Invent-Project and Trumark Assets Ltd, registered in the British Virgin Islands.
The cost of building a shopping center building in 2014 in the Sindika holding itself was estimated at 5 billion rubles. The cost of the facility on the eve of the fire could be 5.5-6.5 billion rubles, Knight Frank analysts believe. In 2016, the revenue of Sindika-O amounted, according to SPARK-Interfax, to 955.6 million rubles. For comparison: revenue according to RAS of CJSC Kashirsky Dvor, the owner of three building trade centers of the same name in Moscow with a total area of 146 thousand square meters. m, amounted to 506 million rubles.
Real income"Syndics" could be significantly higher. According to the head of the department of shopping centers of the department commercial real estate Knight Frank Evgenia Khakberdieva , average rental rates in construction shopping centers like Sindika range from 1.5 thousand to 3 thousand rubles. for 1 sq. m per month. Taking into account the fact that only about 90 thousand square meters were suitable for rent. m, the annual market revenue could range from 1.6 billion to 3.2 billion rubles. It turns out that the owners of Sindika have already recouped at least a significant part of their investment in construction.
Video: RBC
Who will pay whom
The owner will be able to count on no more than 4.2 billion rubles. insurance payment, told VTB Insurance, where Sindika was insured. At the same time, the insurance contract of the Sindika shopping center with VTB Insurance does not cover the losses of third parties, said Alexey Volodin, Deputy General Director of VTB Insurance. According to him, the payment will be preceded by an examination, which can take from three to six months. “Our real risk for the Sindika shopping center is € 3 million, the rest of the amount is reinsured by the world's leading insurers,” the press service of the VTB Group said in a statement received by RBC.
Tenant losses could be even higher. CEO"INFOLine-Analysts" Mikhail Burmistrov estimated them at 8 billion rubles. We are talking about retail prices, while wholesale losses can be about 6 billion rubles, the expert added. According to him, this amount is calculated taking into account the goods in retail facilities and warehouses, as well as commercial equipment and expenses for repair work. In total, there were more than 200 tenants in the shopping center, some of which occupied several outlets, Burmistrov knows. There were 876 stores in Sindik, according to the website of the shopping center itself. All of them specialized in goods for construction and repair, furniture, interior items, etc.
The issue of monetary compensation to tenants should be resolved with the owner shopping center, Vladimir Posazhennikov, Minister of the Consumer Market and Services of the Moscow Region, told RBC. At the same time, the affected tenants of Sindiki will be able to move to other construction markets Moscow region, he noted.
The administration of the shopping center maintains contact with tenants, Jamilya Khagarova, head of the press service of the Sindika shopping center, said in turn. So far, according to her, it is premature to talk about any compensation. At the same time, she promised that the owners of Sindika "won't leave the former tenants in trouble."
It was quite difficult for tenants who wanted to insure their goods to do this, interviewed entrepreneurs told RBC. According to them, this was hindered by the position of the administration of the complex. . “Insurers demanded, for example, fire insulation of the ceiling, but the administration of the shopping center forbade it,” Sergey, manager of the Stroy Alternative store (located on the first floor of Sindiki), told RBC.
The tenant may claim compensation from the landlord if the compliance obligation fire safety on the rented premises lies with the landlord, explains Irina Medvedskaya, partner at DS Law. However, at the moment there is no data on how these relations were regulated in the Sindika shopping center. A claim for damages can be brought against both the landlord and the tenant, if the fire was caused by the fault of the latter, says Anton Babenko, partner at Padva & Epshtein Law Office.
A new shopping center on the site of the burned-out one will be built in 1.5 years, its area will be no less than the burned-out one, Jamilya Khagarova assures. She has not yet been able to assess the size of the investment, as well as the losses incurred.
Not only the Sindika shopping center
According to Sindiki's own data, which RBC previously used, the holding "serves" such universal markets as Troitsky in Strogino, Usachevsky in Khamovniki and Bratislavsky in Maryino, as well as the construction and clothing Pokrovsky market in Biryulyovo-Zapadny. The holding also owned the Tushinsky and Matveevsky markets in Moscow.
Structures associated with Arsen Kanokov not only serve, but also own these markets, follows from the data of SPARK-Interfax. For example, in the disclosure of information by OAO Trading House Usachevsky dated July 1, 2004, it was said that CJSC Sindika-M owns 29.4% of the shares, and in May 2011 75% were transferred to the balance sheet of Rolitex LLC, headed by Timur Kanokov.
A major fire in the Sindika shopping center: billions of rubles in damage
Firefighters localized the fire in the Sindika shopping center on the Moscow Ring Road, while timely evacuation made it possible to prevent deaths. Insurers preliminary estimate the damage from the fire at five billion rubles.
The mall caught fire on Sunday afternoon. The total fire area was 55,000 square meters, in total, according to the Ministry of Emergency Situations, three thousand people were evacuated from the building, three were injured.
Competent evacuation
As stated in the Ministry of Emergency Situations, warning systems and competent evacuation made it possible to prevent deaths in a fire. “As soon as smoke appeared, alarm and warning systems went off in the building. People were immediately asked to leave the premises, their evacuation was organized, ”said the representative of the department.
According to him, "thanks to this, it was possible to avoid panic and the onset of dire consequences, given that smoke was pouring from a warehouse with building materials that are extremely dangerous for humans."
According to the Ministry of Emergency Situations, when the fire started, access to all the premises of the shopping center, including the underground parking, where there were cars of visitors, was immediately blocked. People were taken out through the exits intended for evacuation, while they were not allowed into the parking lot, since there was already strong smoke and burning began.
According to eyewitnesses, the evacuation proceeded calmly. “As soon as it was announced, people left the building without haste,” the source said.
Initially, the Moscow Region Ministry of Health and the Ministry of Emergency Situations reported two victims, one of whom was hospitalized. According to the latest reports, three people were injured.
How events unfolded
A shopping complex with underground parking for 5.2 thousand cars was on fire throughout the area. It was opened in 2014 after a major renovation. It specializes in the sale of building materials and goods for the home, improvement of an apartment, house, cottage or office.
During the fire, the building partially collapsed. In particular, as a correspondent of RIA Novosti reported from the scene, the collapse of one of the pieces of the wall began with the formation of fiery "cracks" that appeared for some time on the facade.
The press service of the administration of the Odintsovo district of the Moscow region reported that cars exploded in an underground parking lot in a burning shopping center. So, an eyewitness told RIA Novosti that one of the burnt cars was his gift for his 18th birthday. The car was in the parking lot, and the owner could not pick it up when the evacuation was announced.
“I just bought a car today. This is my first car, I decided to make myself a gift for my 18th birthday. I went to the mall to buy a car mat. Suddenly they announced an evacuation, I had to leave the building, and I was not allowed to pick up the car from the parking lot, ”said an eyewitness who wished to remain anonymous.
The fire was extinguished from three helicopters, at least 300 people worked at the scene of the emergency. The head of the Ministry of Emergency Situations of Russia, Vladimir Puchkov, positively assessed the work to combat the fire, and called the actions of firefighters and other operational services timely.
“I want to note the energetic work of all operational services, which quickly responded to the fire. More than 3 thousand people were withdrawn from the building in a timely manner - visitors and staff, the entire ground grouping and aviation were involved in a timely manner, ”said Puchkov.
The fire was localized at 10:56 p.m. on an area of 55,000 square meters; no excess of the maximum permissible concentration of hazardous substances in the air near the burning shopping center was recorded, Sergey Poletykin, head of the GUMCHS for the Moscow Region, told reporters.
The cause of the fire has not yet been announced by the Ministry of Emergency Situations. “After the fire is extinguished, the work of the forensic laboratories of the Russian Emergencies Ministry will be carried out, which will make it possible to establish the cause of the fire,” Poletykin said.
Damage and findings
President of the All-Russian Union of Insurers (VSS) Igor Yurgens said that according to preliminary data, the amount of damage from a fire in the Sindika shopping center could reach 5 billion rubles. According to him, now it turns out whether the object was insured, since it depends on this whether there will be payments for the lost property. Owners of cars in the parking lot, as Yurgens explained, can count on compensation if they have CASCO insurance (OSAGO does not apply to such cases, compulsory motor citizenship is the responsibility of the car owner when driving the vehicle).
Vladimir Posazhennikov, Minister of the Consumer Market and Services of the Moscow Region, promised that the Moscow Region authorities would “draw conclusions” after the fire in the Sindika shopping center.
“We are all waiting to find out the cause of the fire. Based on the results, conclusions will be drawn about the need to monitor large retail facilities,” Posazhennikov told RIA Real Estate. The Minister intends to hold a meeting together with the administration of Odintsovo municipal district. The head of the department specified that entrepreneurs affected by the fire would be invited there. The minister has already promised them to pick up alternative trading places in other shopping centers.
The fire in the Sindika shopping center on the Moscow Ring Road on October 8-9 became one of the largest insured losses in Russia in 2017. VTB Insurance is the direct insurer of the burned-out facility. Structural elements, decoration and equipment of the building are insured in the amount of 4.2 billion rubles. A loss of this magnitude cannot but affect the insurance market commercial real estate in Russia. What can he become? What conclusions can be drawn from this situation for the owner or tenant of such facilities?
As of October 10, access to the burned-out shopping center has not yet been opened, so the technical procedures for assessing the condition of the facility have not yet begun. Considering the size of the loss, to be settled insured event the company will involve independent specialists - loss adjusters. The choice of the adjuster will be coordinated with the reinsurers - the leaders of the obligatory agreement under which the object was reinsured. The insurance contract was concluded in the amount of 4.2 billion rubles, of which our liability is 3 million euros, the rest of the risks were reinsured by the world's leading reinsurers.
A loss of this level will, of course, be reflected in the insurance market of this segment as a whole. This fire and its consequences, which have attracted the attention of all domestic businesses operating in the field of commercial real estate and trade, will affect the attitude of entrepreneurs towards insuring their risks - perhaps we will see an increase in demand for property insurance legal entities. The situation with the Sindika shopping center shows that the owners of this kind of real estate, when choosing insurance protection, need to be very careful about Is the sum insured sufficient to cover the cost of restoring the facility?. It also makes sense to insure break loss in production activities , including lost rental income until the owner restores the object. The cost of such insurance is low in relation to the potential losses that can be obtained in the event of such serious damage, which we observed on October 8th.
Separately, it is worth noting the need liability insurance - both owners and tenants shopping and business centers. In the event that the cause of the fire is related to the actions of the owner, it is possible that the affected tenants may file claims for damages. The potential amount of claims can be quite serious, also hundreds of millions of rubles. It is difficult to assess the prospects for such lawsuits, but the insurance policy civil liability before third parties would largely remove the acuteness of this issue for the owner.
Concerning tenant liability insurance, as a condition for providing premises for rent, then this practice exists in business centers, but, as a rule, contracts are concluded with small limits of liability - in case of local damage from leaks, small fires, etc. Recently, they began to abandon it , but at least minimum requirements it is still advisable to establish liability insurance for tenants. And, of course, tenants should think about insuring their own property risks - fires in the Sindika shopping center and the July fire in the RIO shopping center in Moscow show that the loss from such events can be quite significant.
The losses of the owners of the Sindika shopping center that burned down on Sunday amount to at least 5.5 billion rubles, the losses of several hundred tenants - at least another 6 billion rubles. A new shopping center on the site of the burned-out one will be built in a year and a half.
The Sindica was well insured. The owner will be able to count on no more than 4.2 billion rubles. insurance payment, told VTB Insurance, where Sindika was insured. At the same time, the insurance contract of the Sindika shopping center with VTB Insurance does not cover the losses of third parties, said Alexey Volodin, Deputy General Director of VTB Insurance.
According to him, the payment will be preceded by an examination, which can take from three to six months. “Our real risk for the Sindika shopping center is €3 million, the rest of the amount is reinsured with the world's leading insurers,” the VTB Group press service said in a statement received by RBC.
The fire in the construction trade center "Sindika" on the 65th kilometer of the Moscow Ring Road covered 55 thousand square meters. m, reported in the main department of the Ministry of Emergency Situations of Russia in the Moscow region. The fire was recorded on Sunday, October 8, around 15:00; open burning was eliminated only by seven in the morning on Monday, October 9th. The shopping center burned out completely.
As one of the versions, a possible explosion of a gas cylinder in one of the cars in the underground parking lot is being worked out. According to RBC's source in the regional Ministry of Emergency Situations, shortly before the explosion, a bang sounded in the parking lot. The same information was voiced by a source in the Central Regional Center of the Ministry of Emergency Situations. At the same time, it is too early to talk about arson, RBC interlocutors said. The shopping center was built in 2014 on the site of a construction market and belongs to the Sindika holding, controlled by the family of the senator from Kabardino-Balkaria Arsen Kanokov (in the latter Forbes ranking"200 richest businessmen of Russia" takes 191st place with a fortune of $500 million).
The blogger mash writes in Telegram:
“It turns out that the burnt Sindika market, as they say, ripped itself off. Back in February 2017, an inspection came to them and found a giant 900-meter warehouse in the basement. Naturally, the management of Sindica was advised to put everything in order as soon as possible and not to store hazardous materials in a mess.
On September 18, a check came to Sindika again: “Well, pliz, well, correct it, well, it will light up!” But, as it usually happens, it’s easy to shake small shopkeepers for fire extinguishers, and you try to make Kanokov fork out.”
The total area of the shopping center "Sindika" was 131 thousand square meters. m, it occupied 14.8 hectares in the village of Razdory, Odintsovo district, Moscow region, according to a public cadastral map. The land and the complex itself belonged to Sindika-O LLC, according to an extract from the Unified State Register of Real Estate. 49% of Sindika-O LLC belongs, according to the Unified State Register of Legal Entities, to Fatima Kanokova, 21% belongs to Artur Kardanov, co-owner of several dozen structures affiliated with the Sindika holding. The remaining 30% belongs to Invest-Maxima LLC, Invent-Proekt CJSC and Trumark Assets Ltd, registered in the British Virgin Islands.
The cost of building a shopping center building in 2014 in the Sindika holding itself was estimated at 5 billion rubles. The cost of the facility on the eve of the fire could be 5.5–6.5 billion rubles, Knight Frank analysts believe. In 2016, the revenue of Sindika-O amounted, according to SPARK-Interfax, to 955.6 million rubles. For comparison: revenue according to RAS of CJSC Kashirsky Dvor, the owner of three building trade centers of the same name in Moscow with a total area of 146 thousand square meters. m, amounted to 506 million rubles. The real income of Sindica could be significantly higher.
“Markets and shopping centers of a “market” type are considered to be an extremely profitable area of activity,” says Evgenia Khakberdiyeva, director of the retail real estate department at Knight Frank. According to her, the average rental rates in Sindik ranged from 1.5 thousand to 3 thousand rubles. for 1 sq. m per month. Taking into account the fact that, according to Knight Frank, only about 90 thousand square meters were suitable for rent. m, the annual market revenue could range from 1.6 billion to 3.2 billion rubles. It turns out that the owners of Sindika have already recouped at least a significant part of their investment in construction.
Tenant losses could be even higher. General Director of INFOLine-Analysts Mikhail Burmistrov estimated them at 8 billion rubles. We are talking about retail prices, while wholesale losses can be about 6 billion rubles, the expert added. According to him, this amount is calculated taking into account the goods in retail facilities and warehouses, as well as commercial equipment and repair costs. In total, there were more than 200 tenants in the shopping center, some of which occupied several outlets, Burmistrov knows. There were 876 stores in Sindik, according to the website of the shopping center itself. All of them specialized in goods for construction and repair, furniture, interior items, etc. The issue of monetary compensation to tenants should be resolved with the owner of the shopping center, Vladimir Posazhennikov, Minister of the Consumer Market and Services of the Moscow Region, told RBC.
At the same time, the affected tenants of Sindika will be able to move to other construction markets in the Moscow region, he noted. The administration of the shopping center maintains contact with tenants, Jamilya Khagarova, head of the press service of the Sindika shopping center, said in turn. So far, according to her, it is premature to talk about any compensation. At the same time, she promised that the owners of Sindika "won't leave the former tenants in trouble."
It was quite difficult for tenants who wanted to insure their goods to do this, interviewed entrepreneurs told RBC. According to them, this was hindered by the position of the administration of the complex. “Insurers demanded, for example, fire insulation of the ceiling, but the administration of the shopping center forbade it,” Sergei, manager of the Stroy Alternative store (located on the first floor of Sindiki), told RBC.
The tenant can demand compensation from the landlord if the obligation to comply with fire safety standards for the rented premises lies with the landlord, explains Irina Medvedskaya, partner at DS Law. However, at the moment there is no data on how these relations were regulated in the Sindika shopping center. A claim for damages can be brought against both the landlord and the tenant, if the fire was caused by the fault of the latter, says Anton Babenko, partner at Padva & Epshtein Law Office.
According to Sindiki's own data, which RBC previously referred to, the holding "serves" such universal markets as Troitsky in Strogino, Usachevsky in Khamovniki and Bratislavsky in Maryino, as well as the construction and clothing Pokrovsky market in Biryulyovo-Zapadny. The holding also owned the Tushinsky and Matveevsky markets in Moscow.
Structures associated with Arsen Kanokov not only serve, but also own these markets, follows from the data of SPARK-Interfax. For example, in the disclosure of information by OAO Trading House Usachevsky dated July 1, 2004, it was said that CJSC Sindika-M owns 29.4% of the shares, and in May 2011 75% were transferred to the balance sheet of Rolitex LLC, headed by Timur Kanokov.
