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Fidelis Considers Appeal After High Court Rules for Lessors in Russian Aviation Case

Fidelis Considers Appeal Following High Court Ruling in Russian Aviation Insurance Dispute
Fidelis Insurance Group is evaluating the possibility of an appeal after the English High Court ruled in favor of aircraft lessors in a significant dispute over insurance claims related to planes stranded in Russia following the country’s invasion of Ukraine. The ruling, which pertains to the 2021 and 2022 underwriting years, represents a pivotal moment in the ongoing multibillion-dollar litigation between leasing companies and insurers.
Background and Court Decision
The dispute originated in July 2023 when over 40 aviation leasing firms—including major players such as AerCap, Aircastle, Avenue Capital, Carlyle Aviation Partners, FTAI Aviation, and Merx Aviation—successfully petitioned the High Court to hear their reinsurance claims in London. The lessors sought to avoid inconsistent judgments or potentially unfair hearings in other jurisdictions. Since then, these leasing companies have secured millions in settlements, and the recent ruling further consolidates their legal position.
In its judgment, the High Court determined that claimants in the Russian aircraft lessor litigation are entitled to recover losses under war-risk insurance policies rather than broader all-risk policies. This interpretation is expected to have substantial financial implications for insurers, potentially triggering additional legal challenges and increasing uncertainty within the aviation insurance market.
Fidelis’s Response and Industry Implications
Fidelis expressed disappointment with the court’s decision, stating that it “respectfully disagrees” with the reasoning and is “reviewing all options,” including the possibility of an appeal. The insurer emphasized its ongoing financial resilience, noting that it “continues to maintain a strong balance sheet and remains well-positioned to advance strategic growth and capital management initiatives.” Fidelis also reported that it has resolved approximately 95% of its exposure related to lessor policy claims in litigation, effectively mitigating most of the event’s impact.
The ruling is likely to intensify scrutiny of insurance coverage for geopolitical risks, as market participants reassess their strategies to manage similar exposures. The case underscores the complexities involved in insuring assets located in politically volatile regions and may influence the structuring of future insurance policies and the handling of claims.
Previously, Fidelis had indicated that a favorable ruling would result in positive prior-year development, to be reflected in its financial results upon conclusion of the legal process, including any appeals. With the adverse ruling now in place, the company anticipates a negative prior-year development impact of up to $150 million, which will be recognized immediately in its financial statements.
Related Developments: AerCap’s Legal Victory
In a related development, AerCap announced that the Commercial Court in London ruled its subsidiary, AerCap Ireland Limited, is entitled to recover approximately $1 billion from insurers under the “War and Allied Perils” section of its contingent and possessed insurance policy. This award covers aircraft and engines leased to Russian airlines that were not recovered following the invasion of Ukraine. AerCap noted that, after previous recoveries, this indemnity will substantially offset the $2.7 billion pre-tax net charge it recorded in 2022 for assets lost or impaired in Russia and Ukraine.
As the legal landscape continues to evolve, the aviation insurance industry is preparing for potential appeals and further adjustments in how insurers approach coverage for assets exposed to geopolitical conflict.

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