On August 12, 2026, Simpson Thacher secured its second summary judgment victory for client Swiss Re in insurance coverage litigation arising from aircraft stranded in Russia following Russia’s invasion of Ukraine.
Justice Joel M. Cohen of the New York Supreme Court’s Commercial Division awarded summary judgment to Swiss Re in a coverage dispute brought by aircraft lessor Avenue Capital Group, holding that Avenue’s claim fell with the policy’s war perils exclusion because the aircraft’s non-return was caused by Russia’s invasion of Ukraine, the ensuing war, and associated government actions restricting the return of foreign-leased aircraft. The Court rejected as “purely speculative” Avenue’s theory that the Russian airline that leased and operated the aircraft may have independently decided to retain or steal them.
The decision follows Simpson Thacher’s May 13, 2026 summary judgment victory for Swiss Re in a coverage dispute brought by aircraft lessor Aircastle Limited, where Justice Cohen similarly held that claims involving aircraft stranded in Russia fell within a war perils exclusion and rejected Aircastle’s contention that factors other than the war and associated governmental action may have caused the aircraft’s non-return.
The cases are Avenue Capital Management II, L.P., et al. v. Chubb European Group S.E., et al., Index No. 654855/2022 (N.Y. Sup. Ct.), and Aircastle Limited, et al. v. Chubb European Group S.E., et al., Index No. 654131/2022 (N.Y. Sup. Ct.).
The Simpson Thacher team included Lynn Neuner, Bryce Friedman, Summer Craig, Melissa Vallejo, Patrick Barry, Jessica Menjivar, Kate Rogers, and Melissa Bueno.