On 31 March 2026, the Court of Appeal (Lord Justice Phillips and Lady Justice Falk) gave war risks insurers Fidelis, Lloyd’s and Chubb permission to appeal in AerCap Ireland Ltd v AIG Europe SA & Ors (Russian Aircraft Lessor Policy Claims) on the construction of contingent aviation insurance, the issue of whether there had in fact been a “total loss” of aircraft in Russia since the invasion of Ukraine in 2022 and other aspects of the original judgment in June 2025 [2025] EWHC 1430 (Comm).
The $1bn+ case concerns insurance claims brought by aircraft lessors against their insurers. Following Russia’s invasion of Ukraine in February 2022, the lessors had demanded the return of nearly 150 aircraft which were leased to various Russian airlines, but the aircraft have not been returned. The lessors have claimed for the total loss of these aircraft.
Peter MacDonald Eggers KC and Tim Kenefick, together with Laurence Rabinowitz KC of One Essex Court and Frederick Wilmot-Smith of Brick Court Chambers, instructed by Reynolds Porter Chamberlain LLP acted for Fidelis Insurance Ireland DAC. Jawdat Khurshid KC and Joshua S.K. Fung, together with David Railton KC and Ian Bergson of Fountain Court, instructed by Kennedys, acted for Lloyd’s Insurance Company SA, on its own behalf and in a representative capacity for certain other war risks underwriters.
