Case studies

A 2016 claim lodged against a bank in connection with applied lien to the funds on the client’s card account pursuant to the decision by the Compulsory Enforcement Service of Judicial Acts
According to the Claim the Compulsory Enforcement Service of Judicial Acts (CESJA) has made a decision to apply a lien to the cash money on the Client's bank account. For months, after the CESJA decision to impose injunction on the account, there has been a regular transfer of salary onto the Client’s account but the Client has been unable to withdraw it due to the injunction. According to the Client, the Bank had only the right to freeze the use of his account in the amount not exceeding 50% of the salary due. In a letter to the Mediator, the Client demanded that the Bank return the money which it has failed to made available to the Client in the above mentioned period of time, in the amount of AMD 440,000, and pay the fines as provided for in the Republic of Armenia Law on CESJA. After investigating the claim, Mediator rejected the claim of the Client. Read more...
A 2016 claim lodged against an insurance company in connection with refused insurance compensation for not using winter tires
While driving on an icy road in February the Client lost the driving control and hit a tree, resulting in damage to the vehicle. The damage was estimated by the insurance company (the Company) to amount to AMD 436.000. The Client did not agree with the estimation as the damage to the car, he thought, was approximately AMD 1,800,000. The Company, however, refused to provide compensation at all, because the Client drove using no winter tires at that time of the year. The Client did not agree with the Company’s position, as he was driving on winter tires, which could be verified. In a letter-complaint to the Mediator, the Client demanded from the Company to provide insurance indemnity for the damage to his car, in the amount of AMD 1,800,000. After getting the results of the Inspection of an expert involved in the investigation, the Mediator satisfied the claim partially. Read more...
A 2016 claim lodged against an insurance company in connection with refused compensation under travel assistance insurance
As described in the claim, the Client had a leg kink while walking outdoors in Paris. A few minutes later, because of acute pelvic pain caused by walking, the client was unable to walk farther. The Client visited a hospital in Paris where she underwent a medical checkup which included an MRI examination. The Client has paid EUR 1,900 for these services. The Client filed a request to the insurance company (the Company) for reimbursement of the medical costs but was rejected. In a letter to the Mediator, the Client demanded that the Company provide insurance indemnity in the amount of EUR 1,900. Considering the circumstances of the case as well as the expertise of the doctor involved in the investigation of the claim, the Mediator also rejected the claim. Read more...
A 2016 claim lodged against an insurance company in connection with applying of the right of recourse to the client

There has been a traffic accident which the Client’s motor vehicle took part in. The Company has indemnified the driver for the damage caused to his car in the accident but later lodged a reclaim for the amount of indemnification from the Client, as the latter had reported false information to the Insurer upon the concluding of the insurance contract (the Client told in words that the contract was concluded with regard to the car used for personal purposes, yet in the contract period the car had operated as a taxi). However, the Client said he did not agree with the applying of the right of recourse since the car had not operated as a taxi in the contract period. In a letter to the Mediator, the Client requested that the Company withhold from reclaiming the indemnification provided to the injured party. Considering the circumstances of the case as well as current legislation, Mediator decided to satisfy Client's claim. Read more...

A 2016 claim lodged against an insurance company in connection with refused insurance compensation because of providing false or inaccurate information
After a traffic accident the Client turned to the insurance company (the Company) to get insurance indemnification to the extent of the damage of his car. The Company arranged an auto-technical expertise and came up with a conclusion that evaluating the actions of the parties was not possible in terms of Traffic Rules Requirements. Because the question whether preventing the accident by the parties was technically possible also remained open since the drivers’ explanations did not correspond to the mechanism of the accident, the Company took a decision to refuse the payment of insurance compensation. Disagreed with the decision of the Company, the Client appealed to the Mediator. After getting the results of the Inspection of an expert involved in the investigation, the Mediator satisfied the claim partially. Read more...
A 2016 claim lodged against a bank in connection with improper notification of changed terms of card service to the client
According to the claim, the Client is a cardholder of the Bank, and he believes that his rights have been apparently violated by the Bank as they introduced changes to the terms and conditions of card servicing which the Client has not been notified of. The Client thinks that the Bank has infringed the requirements of Article 9 of the Republic of Armenia Law on Attraction of Bank Deposits, so he filed a claim against the Bank, demanding that the latter pay a fine of AMD 300,000 as established under Article 12 of the above law. Rejected, the Client appealed to the Mediator asking them to urge the Bank to pay him a fine of AMD 300,000 for the violation of his right. Considering the circumstances of the case as well as current legislation, the Financial System Mediator has decided to satisfy the Client’s claims against the Bank. Read more...
A 2016 claim lodged against a bank in connection with a money transfer
The Client made a money transfer at the Bank. However, the amount has not reached the beneficiary as there has been error in making the transfer. As a result, the Bank demanded a payment of certain amount of money from the Client in order to be able to get the money back through the letter and have that money re-transferred, using the beneficiary data the Client had submitted. The Client paid the fee, so requested by the Bank, to get a prompt transfer in favor of the beneficiary, but the money never reached the destination, nor has it been refunded. Hence, the transfer was executed incorrectly due to negligence of the officer of the Bank, so the Client filed a claim against the Bank. As a result of investigation the claim as well as oral hearings, the Mediator has rejected the Client’s claim. Read more...
A 2016 claim lodged against a bank in connection with taking ownership of the pledged property without notifying the client properly

The Bank provided a loan to the Client. The loan was secured by jewelry. The Client regularly made loan repayments, but sometimes had overdue liabilities. After a phone call from the Bank, the Client has eventually paid off the liabilities plus all other penalties/fines due under the loan contract. Otherwise, The Client notes that the Bank did not properly notify him of their intention of taking possession of the items of collateral. The Client applied to the Mediator, demanding that the Bank return him the jewelry, stop claiming more money unreasonably and recompense him the losses he has incurred as a result of infringement of the rights. After investigating the Claim, Mediator decided to satisfy Client's claim partially. Read more...

A 2015 claim lodged against an insurance company in connection with rejecting an insurance compensation under the Casco insurance contract
A traffic accident occurred in which the Client’s car was damaged. The Company, however, refused to provide insurance indemnity. According to the Company, somebody contacted the Company, introduced himself as the driver of the car “Kia Rio” and informed about the traffic accident. Without any special technical knowledge, the Company argues, it wasn’t hard to distinguish that the person who had reported about the accident was not the policyholder but another person instead, who had provided false or inaccurate information, while the Client failed to report the insurance event to the Company, and the Company has the right not to provide compensation. The Client didn't not agree with the Company’s position, therefore went to the Mediator who made a decision to satisfy Client's claim. Read more... 
A 2015 claim lodged against an insurance company in connection with rejecting the claim for insurance indemnity in mandatory car insurance scheme because of impossibility to determine the fault of the parties involved in the accident
As a sufferer in a traffic accident, the Client submitted an application to the insurance company for compensation. The Company took a decision to reject paying the compensation to which, however, the Client did not agree, since the traffic police had concluded that he was a suffering party in the accident. Moreover, the Client remarks, the results of forensic and auto-technical expertise showed that the results, which served a basis for a decision-making, were incomplete as they did not take into account the additional explanations given by the Client and the guilty driver. Considering the circumstances of the case as well as current legislation, Mediator decided to satisfy Client's claim. Read more...
A 2015 claim lodged against an insurance company in connection with reimbursement of costs of tooth filling under the health insurance policy
The Client had some of his teeth filled. After, the Client applied to the insurance company with a request to reimburse the costs of tooth filling. The Company took a decision to refuse the reimbursement, however. The dental clinic performed the diagnosis of the affected teeth and tooth filling procedures completely and properly, and the Client does not agree with the decision of the Company to refuse cost reimbursement. Based on the foregoing, the Client appealed to the Office of FSM, asking the Mediator to urge the Company to provide insurance indemnification adequate to the reimbursement of the costs incurred. Considering doctor's professional opinion, Mediator decided to satisfy the claim partially. Read more...
A 2015 claim lodged against an insurance company in connection with refusal to compensate for the damage caused to the client’s car after power cord of the trolley-bus fell on the car
The trolley-bus power cord fell on the Client’s car while in traffic flow in the city, causing damage to the car. The insurance company, however, refused to compensate the damage, arguing that it was not the trolley-bus driver’s fault in what happened to the power cord. The Client does not agree with the decision of the Company to reject compensation, saying that the driver maneuvered, so the accident was his fault. The Client appealed to the Mediator, asking the latter to demand compensation from the Company for the damage suffered. With the help of Mediator, Company decided to enter into reconciliation with the Client by paying full compensation for the damage. Read more...
A 2015 claim lodged against a Bank in connection with claiming back the fee paid for the right to subsequent pledge
The Client’s property has been pledged under the loan contract signed between the Client and the Bank. The Client applied to the Bank to get permission for subsequent pledge. Although the Client paid a fee of AMD 200,000 and got the permission of the Bank but has neither moved the pledge nor used the right to subsequent pledge. In a letter to the Bank, the Client requested a refund of the paid fee of AMD 200,000 so that the Client is able to use the money for loan repayment, but received a rejection response. The Client applied to the Mediator. Considering the current legislation, Mediator also declined Client's claim. Read more...
A 2015 claim lodged against a Bank in connection with selling jewelry as an item of collateral without notice and at an unreasonable price
The Bank provided a loan to the Client. The loan was secured by jewelry. The Client regularly made loan repayments, but sometimes had overdue liabilities. Learning from the Bank that only very little money remained due for full repayment of the loan the Client visited the Bank, paid the remaining money due only to find out that the jewelry as an item of collateral had been sold. The Client insists that he has not received any written notice before the sale of the collateral. In a letter, the Client asks the Mediator to urge the Bank to return the jewelry or the money equivalent to their market value. Mediator decided to satisfy Client's claim partially. Read more...
A 2015 claim lodged against a Bank in connection with the impossibility to perform a currency conversion transaction to the extent needed, as the Bank issued an instruction internally to limit selling of foreign currency to individuals
The Client wanted to buy dollars from a branch office of the Bank but the branch office employee refused to sell the required amount of foreign currency, citing an instruction issued by the Bank’s management. As a result, the Client had to attempt several electronic transfer of money from his Armenian dram card on to the US dollar card. Two days later, the Client saw his Armenian dram- and US dollar-denominated accounts report negative balances. The Client asked the Bank to clarify on the matter and compensate him for the damage but Bank's answer doesn't satisfy him. The Client went to the Mediator who also declined Client's claim considering current legislation and the contract signed between parties. Read more...  

A 2015 claim lodged against a Bank in connection with changing interest rate of the mortgage loan contract signed with a former employee of the bank
As an employee of the Bank, the Client signed a mortgage loan contract with the Bank in order to purchase a real estate. After a while, the Client left the Bank (was discharged). This gave the Bank ground to raise the interest rate of mortgage loan to the Client twice as much. Learning of this, the Client undertook full and early repayment of all his contractual obligations under the mortgage loan to the Bank. The litigation followed after termination of the employment contract by the Bank resulted in a judgment stating that although the employment relationship was terminated in violation of the law, the Client, in this case, should not be restored to his former job position. In this connection, a certain amount of money was confiscated from the Bank in favor of the Client. In view of the fact that the Bank had terminated working relationship in violation of the law thus changing the nominal interest rate without any legal grounds, the Client turned to the Bank requesting compensation of the lost earnings resulted from the early repayment of loan obligations, while providing a couple of mechanisms of how to calculate lost profits. Mediator declined Client's claim. Read more...
A 2015 claim lodged against a Bank in connection with Client’s right to make a claim to the Bank for non-delivery of the goods under a consumer crediting contract to the buyer
A loan contract signed between the Bank and the Client entitled the Client to purchase a laptop from the seller of electronics, whereby that laptop would serve as an item of collateral. The item of collateral was not provided to the Client, so they went to the seller and claimed to annul the loan contract on the basis of the right of time to think. Otherwise, a month later, the Client learned that the loan contract hadn’t been annulled; moreover, fines accrued on as a result of non-fulfillment of credit obligations. The Client appealed to the Mediator with a request to urge the Bank to cancel the above loan contract, abstain from paying fees arisen in connection with the loan contract and from getting the loan reclassified. Mediator satisfied Client's claim against the Bank. Read more...
A 2014 claim lodged against a Bank in connection with the an improper bank transfer of the visa application fee
The Client used a transfer service of Bank X for paying the U.S. embassy visa application fee onto the account of Bank Y for collection of visa application fee. The Client says the payment would have to activate the MRV account number, which was provided by the Embassy. The said account number, however, did not get activated since the payment had to be made at the Bank Y. The Client says they were notified about that the payment was to be made at Bank Y, but being in the vicinity of Bank X, the Client decided to ask whether the money can be paid through the Bank. As soon as an officer of the Bank assured that no problems would arise, the Client paid the visa application fee plus a money transfer fee. As a result, the Client incurred a pecuniary loss after the said MRV code remained inactive. The Client lodged a claim against the Bank, but Mediator decided to decline it after examining the circumstances of the case. Read more...

A 2014 claim lodged against a Bank in connection with the sale of collateral below the market price
The Client has entered into a loan and collateral agreement, which was secured by gold, and offered own jewelry as a pledge against performance of liabilities. Under the agreement, the loan interest and commission fees are payable on the 16th day each month. However, the Client has failed to pay, and this led to outstanding liabilities. As a result, the collateral has been sold and the loan commitment fully repaid. In a letter to the Mediator, the Client required the Company to return the pledged jewelry or, if it is impossible, provide the proceeds of the sale of the collateral below the market price. With the help of the Mediator the case was resolved through reconciliation of the parties. Read more...

A 2014 claim lodged against an Insurance company in connection with the payment of insurance compensation when a sufferer of criminal case gives up claim against doer of harm
The Client has purchased a health insurance policy from an insurance company. After a quarreling with a person and receiving harm, the Client was taken by ambulance to the medical center and passed a series of tests there. Following this, the Client was assigned to receive appropriate treatment. The Client demanded an insurance compensation but the Company declined it. The Client applied to the Mediator, who decided to partially satisfy the Client’s claim against the Company, since part of the medicament as referred to in the claim had been prescribed for the diabetes, a matter that was not related to the accident. Read more...
A 2014 claim lodged against an Insurance company in connection with the reimbursement of salary lost as a result of an accident under third party motor liability insurance contract
A traffic accident caused harm to the health of the Client. Taken to the intensive care department of the medical center, the Client received in-patient treatment for about 20 days. There has been an epicrisis issued for this matter. Afterwards, the Client has been treated in ambulatory conditions, and the community health center issued a sick leave for the Client. It should be noted, however, that the Client had nowhere been registered as an employee at the time of the accident and the subsequent treatment. The insurance company has reimbursed the Client the lost salary for a period of outpatient treatment on a basis of the sick leave but refused to pay for the in-patient treatment period, claiming that no sick leave had been submitted for that period. The Client applied to the Mediator, who decided to satisfy the Client’s claim by obligating the Company to indemnify the Client against the lost salary also for the period of treatment in hospital. Read more...
A 2014 claim lodged against a Credit organization in connection with the pecuniary claim filed against non-received information subject to disclosure under law on consumer crediting
The Client has signed a consumer loan contract with a credit organization. The Client notes that they did not receive monthly loan account statements for 9 months in a row, although the Republic of Armenia Law on Consumer Credit stipulates that the Creditor shall provide the Customer, at established time intervals but not less than a 30-day frequency, with information in writing about the consumer’s liabilities arising from credit agreement as well as repayments/installments. The Client indicates that no such information has been provided, so they lodged a pecuniary claim of AMD 300,000 against the Organization. Mediator decided to satisfy Client's claim. Read more...
A 2013 claim lodged against an Insurance company in connection with the property insurance
The Client and the Company has signed a property insurance contract. An insurance event (partially collapsed house walls) urged the Client to apply to the Company to get insurance compensation. The Company decided to decline the claim, reasoning that the Client did not take all necessary precautions to prevent the loss or destruction or damage. The Client applied to the Mediator, which declined the claim after considering the law and factual circumstances of the case. Read more...
A 2013 claim lodged against an Insurance company in connection with the damage caused to artwork, jewelry, precious stones or metals
According to the claim, an accident caused material damage to the motor vehicle which belongs to the Client by ownership. The Company, however, has provided only a part of the total estimated amount, citing that aerography is a form of art (a category of drawing), so as an artwork it's not subject to compensation. As descried by the Client, aerography was used for anti-theft purposes and not just for art. The client applied to the Mediator requesting the compensation from the Insurance company. Considering the law and factual circumstances of the case Mediator decided to satisfy the Client’s claim against the Company. Read more...
A 2013 claim lodged against an Insurance company in connection with the self-regulated relations associated with Motor Third Party Liability Insurance (MTPLI) contract
According to the claim, a traffic accident resulted in damage to the motor vehicle owned by the Client. The traffic police officers arrived at the scene of the accident, yet no administrative proceedings was carried out as the other driver, i.e. other participant of the accident had admitted the fault. So, the Company refused to pay insurance indemnity, reasoning that, by reference to paragraph 7.8 of operational rules RL 1-001 of the Bureau of Car Insurers of Armenia (the Bureau), in a standard process of compensation, the Policyholder shall, in addition to the actions as provided for in paragraphs 7.1 and 7.3 of the Rules, not admit the guilt and/or commit to liabilities without the results of the examination conducted by Insurer or at Insurer's consent, unless criminal, civil or judicial charges were brought because of the insurance accident. With the help of the Mediator the case was resolved through reconciliation of the parties. Read more...

A 2013 claim lodged against a bank in connection with damage caused by improper handling by the bank of the payment order for insurance premium payment
Having signed an insurance agreement with an insurance company by purchasing the policy from a social benefits package, the Client applied to the Insurance Company in order to get compensation for his expenses but was declined by the Company, as the agreement started on April 27, 2013, while the Client received an in-patient treatment in the period April 17-19, 2013. This would mean the medical care had been provided to the Client before the term of the contract commenced, so treating of the disease would not be viewed as occurrence of insurance accident and would not be subject to compensation, either. The insurance contract, as the Client puts, did not enter into force as the Bank executed a delayed transfer of funds from the social benefits package. In a letter to the Mediator the Client requested reimbursement for the costs from the Bank. Considering the law and factual circumstances of the case Mediator decided to satisfy the Client’s claim against the Bank. Read more...
A 2013 claim lodged against a bank in connection with bank functions as funds are transferred via a transfer system
The Client made a payment order to the Bank for a transfer of some money onto their business partner's bank account in a foreign bank. The officer of the Bank said they would need to have the beneficiary's SWIFT code to execute the money transfer, therefore the Client gave the SWIFT code to the officer who then informed that the information submitted was sufficient for money transfer, so no money transfer has been executed since the beneficiary's IBAN code was missing in the data as delivered by the Client. Because the money did not go the beneficiary, the Client demanded a refund from the transaction. But the bank employees could only return a part of the money because the foreign bank had charged some money as a commission fee for a non-executed transfer. To refund the missing part of the money, the Client lodged a complaint to the Bank but received a response which did not satisfy them. Mediator has satisfied the Client’s claim lodged against the bank. Read more...  
A 2012 claim lodged against a credit organization in connection with providing a credit product
The Client purchased a credit product to build a greenhouse. The Client has paid loan installments in due time yet the Organization has increased the interest rate of the loan to 24% from an original 12%, making a reason that they are entitled to readjust the interest rate in the event loan resources are used for goals other than what had been specified in the loan contract. The Client did not agree with the position of the Organization. He demanded that the Organization leave the interest rate unchanged and refund all sums overcharged from the Client because of higher interest rate, by lodging a property claim against the Organization. Financial System Mediator decided to satisfy the Client’s claim against the Credit Organization. Read more...
A 2012 claim lodged against a Bank in connection with a transaction executed through card account
The Client received a message about an executed transaction through his card account which he was not aware of. On the next day the Client made an application to appeal the transactions. In response to the Client’s complaint, the Bank said that transactions executed via Internet can only be appealed if there is written communication in place between the cardholder and an e-commerce terminal and where the customer has made the appropriate adjustments to the transactions complained, according to VISA International payment system rules. This answer did not satisfy the Client, so the latter applied to the Mediator with the help of which the Bank and the Client started negotiations which eventually ended with a positive outcome. The Bank expressed willingness to recompense the Client half of the sum involved in a transaction executed through the card account of the Client. Read more...
A 2012 claim lodged against an insurance company in connection with state health insurance
The Client entered into a public (budgetary) servant health insurance contract with the Company. With a complaint of tumor in right breast, the Client went to a medical institution which provided an oncologist’s consultancy, as well as carried out bone scintigraphy, pathomorphologic research and computer. The Client filed a claim to the Company for insurance indemnification but was left without positive result as the Company had rejected the claim, reasoning that the insurance policy of the Client did not reimburse outpatient research and treatment. With the help of the Mediator the case was resolved through reconciliation of the parties. Read more...
A 2012 claim lodged against an insurance company in connection with harm to health and a loss of salary (income)
In a traffic accident several cars crashed into each other and one of these cars hit the Client. The driver having entered into a mandatory car insurance contract with the Company was found guilty in the accident. The Client went to the Company to seek compensation. The Company reimbursed the Client for medicament costs but refused to refund costs relating to health rehabilitation services and the payment of disability benefits. In a letter to the Mediator the Client requested further reimbursement for the costs from the Company. Considering the law and factual circumstances of the case Mediator decided to satisfy the Client’s claim against the Company partially. Read more...
A 2012 claim lodged against an insurance company in connection with the refusal to pay compensation due to the lack of TP record or record of fault
There has been a traffic accident in which the Client’s authorized driver of the motor vehicle VAZ-2107 was recognized guilty. The Company provided insurance indemnity to the injured party, but later on lodged a reclaim for that amount from the injured party on the ground that the injured party had violated a provision of the mandatory car insurance contract in a sense that the motor vehicle was exploited as a taxi. According to the Client, the motor vehicle did not operate as a taxi nor had it been even registered as a taxi. In a letter to the Mediator the Client requested that the Company did not claim the provided amount of money back. Mediator decided to decline the claim against the Company considering the factual circumstances of the case. Read more...
A 2012 claim lodged against an insurance company in connection with the refusal to pay compensation due to the lack of TP record or record of fault
After the traffic accident the TP representative arrived to the site of accident and drew a map of traffic accident. As recommended by the TP officer, the parties have refused to starting administrative proceedings, providing proper explanation of the incident, according to which the Client is the victim of the accident. Seeking for insurance compensation, the Client went to the Company which said, however, that the letter asking for an insurance indemnity had been deemed non-received since the Client failed to provide the deliverables along with the letter requesting an insurance indemnity, as required under operational rules RL 1-017 of the Bureau of Car Insurers of Armenia. The Client lodged a proprietary claim against the Company. Mediator decided to satisfy the Client’s claim against the Company partially and impose a penalty over the Company for suspending the timeframes within which it would have been required to decide to pay insurance indemnity and assign expertise. Read more...
A 2012 claim lodged against an insurance company in connection with the calling of traffic police as the vehicle hit an object
While driving the motor vehicle, the lower part of the engine of the car, the crankcase, struck a metal pipe on the road. Being unaware of what happened, the Client kept on driving. But, having passed a very short distance afterwards, the driver saw the engine of the car failed. As told by the Client, he had contacted the Insurance Company but the company representative did not arrive to the site of accident. At some point later, the Company refused to pay compensation at all: the driver of the car should have not kept on driving the car from the site of accident but stopped the car and contacted a relevant unit of the Traffic Police to track the incident, the Insurance Company said. The Client lodged against the Company a proprietary claim of AMD 400,000. The Mediator satisfied the claim of the client with reference to the current legislation as well as the factual circumstances of the case. You can learn more about the precedent here...

A 2011 claim against the Bureau of Car Insurers of Republic of Armenia in connection with determining a time frame for temporary disability
After the accident the competent body made a decision to abate the case because of the lack of corpus delicti. After the conclusion has been issued, tells the Client, he went to the Bureau with an aim to seek for compensation. The Bureau, however, declined the payment of insurance indemnification with the reasoning that the Client failed to apply for the indemnification within an established 3-month timeframe. The Client mentions in his claim that he has not applied to the Bureau within an established 3-month period as he was informed that he had been found guilty in that accident only after finalization of paperwork and preparation of relevant files at the investigation unit. Considering the current legislation as well as the circumstances of the case, the Mediator satisfied the claim partially. Read more...
A 2011 claim against the Bureau of Car Insurers of Republic of Armenia in connection with breaching a 3-month time-frame for application
After the accident the competent body made a decision to abate the case because of the lack of corpus delicti. After the conclusion has been issued, tells the Client, he went to the Bureau with an aim to seek for compensation. The Bureau, however, declined the payment of insurance indemnification with the reasoning that the Client failed to apply for the indemnification within an established 3-month timeframe. The Client mentions in his claim that he has not applied to the Bureau within an established 3-month period as he was informed that he had been found guilty in that accident only after finalization of paperwork and preparation of relevant files at the investigation unit. Considering the current legislation as well as the circumstances of the case, the Mediator satisfied the claim partially. Read more...
A  2011 claim against an insurance company in connection with the breakage of the motor vehicle 
As described in the claim, the Client had signed a motor vehicle insurance contract with the Company. An insurance event occurred as the car took fire. According to an expertise conclusion, 85.58 percent of the car went under the damage, causing a loss of AMD 12,170,000. The Company made a decision on insurance compensation which amounted to AMD 9,101,473. By reference to paragraph 9.4.1 of the Contract, the Client did not agree with the size of insurance cover, so he applied to the Office of Mediator by lodging a property claim of AMD 5,298,527 against the Company. The claim was satisfied partially. Read more... 
A 2011 claim against an insurance company in connection with the driver's sobriety
After a car accident the driver of the car as authorized by the Client was called to pass a sobriety test. The exhalation results showed some 0.23 mg/l availability of alcohol while the driver was judged to be sober after having passed a physical examination. The Client went to the Company with the aim to request compensation but had been declined by the Company on a basis of the test results suggesting merely 0.23 mg/l availability of alcohol in the exhalation. The Client didn't agree with this decision, so he applied to the Mediator. With the help of the Mediator, parties came to reconciliation. Read more...
A 2011 claim against an insurance company in connection with the lack of fault in the field of compulsory car insurance
As described in the claim, there has been a traffic accident in which the Client was also reported a suffered party. The Client went to the Company for compensation but he was declined by the Company. The Mediator presented some considerations to the Company and the recent expressed willingness to come to the terms of the Client by paying the required amount of compensation. Read more...
A 2011 claim lodged against a credit organization in connection with the sale of pledged property due to improper performance of obligations
According to the claim, the Client has entered into a credit contract with the Organization by pledging a property as security. The Client had delays in installments, and the Organization has marketed the pledged property. After that the Organization demanded that the Client pay some more money as a tax obligation. In turn, the Client demanded from the Organization to get the pledged property re-registered on his behalf, decline from demanding the above-said sum and pay compensation for the pledged property which had been transferred under the possession of the Organization by violation of the law. The Mediator found that the property pledged was confiscated and transferred into the ownership of the Organization by infringement of the requirements of the law, and therefore decided to satisfy the Client’s claim on the part of returning the pledged property to the Client. Read more...
A 2011 claim lodged against a bank in connection with the loss incurred as a result of withdrawal of money from ATM
As was described in the claim, in a transaction to withdraw AMD 75,000 from an ATM, the withdrawal transaction was interrupted, so only AMD 55,000 was dispensed and the payment card was swallowed, as a result. At some point later, when making a balance inquiry, the Client found out that the machine has dispensed AMD 75,000 instead of AMD 55,000. The Client filed a claim to the Bank whereby asked to compensate that amount of AMD 20,000 which had been debited from his card account. Bank's answer did not satisfy the Client, so he went to the Mediator. After examining the logs of the ATM, the Mediator declined Client's claim. Read more...
A 2011 claim lodged against a bank in connection with the repayment of an overdraft facility
The Bank issued an overdraft facility to the Client for a maximum limit of USD 600. As assured by the Client, the regular installment for repayment of the overdraft was USD 60 which he paid in full, only to have amounted to USD 59.87 as a result of calculations by the software of the Bank. As a result, Bank told the Client that he breached the provisions of the Agreement, which made the Client’s liabilities to the Bank to increase. As the Client made a full repayment of the overdraft facility recently, he requested clarification about the size of his liabilities to the Bank. The reply of the Bank did not satisfy the Client and he decided to go to the Mediator. Mediator organized some discussions between the parties over the subject which, fortunately, ended up with successful resolution. Read more...
A 2011 claim lodged against a bank in connection with the loss from currency conversion when money was withdrawn from a bank account
The Client cashed money from the card account in rubles.The Client was sure the CBA accounting rate of conversion should have been used for conversion of rubles to AMD, otherwise the exchange rate set by Bank was used causing money loss for the Client. Client lodged claim against the Bank. Mediator presented some considerations to the Bank which pledged to pay to the Client compensation against the loss incurred. Read more...
A 2011 claim lodged against a pawnshop in connection with the sale of pledged item of collateral without due notice
The client makes a claim to return the item of collateral or recompense the damage caused. The pawnshop rejected the claim of the client, arguing that they are not obliged to notify the borrower about the sale of the item of collateral in case the terms of the loan agreement have been breached. The case was resolved through reconciliation of the parties. You can learn more about the precedent here...
A 2010 claim lodged against an insurance company in connection with assistance insurance
The company and the client's spouse signed a contract on assistance insurance for the people traveling France, for the period June 15 2010 - July 28 2010. On June 24 2010, the client's spouse had a heart attack, so he was taken by ambulance to a hospital, where he underwent an operation. Two weeks later he was displaced to a hospital in Belgium, got a medical treatment but, unfortunately, died at the hospital on August 28 2010. The corpse was transported to Armenia. The company declined to reimburse the treatment and corpse transportation costs. In a letter to Mediator the client filed a property claim of AMD 10,000,000 against the insurance company, which was satisfied partially. Read more...
A 2010 claim lodged against an insurance company in connection with annulment of a payment order insuring a motor vehicle
The client had his personal motor vehicle of Chevrolet make insured at the insurance company by paying a premium of 85.05 percent of real value of the car. The car crashed in an accident, so the client undertook all necessary action required by the insurance policy. Representatives of the company visited the scene of action. Understandably, the client went to the company to get indemnification against loss caused by the accident. The company explicated to the client that before anything they had to start an examination of the case involved including an assessment of the loss caused by the accident. The client turned to Mediator requesting an indemnification of the entire insurance amount of AMD 4,176,000 as specified by the insurance policy since, it was believed, the insured car would not any way be repaired. The case was resolved through reconciliation of the parties. You can learn more about the precedent here...
A 2010 claim lodged against a bank in connection with annulment of a payment order
According to the claim, the client went into a bank branch office and effected an outbound SWIFT transfer of USD 2,500 to China. The next morning he came back to the same branch office and wrote a letter of request asking to cancel the transfer for which he paid a sum of AMD 25,000. As told by the client, the employee of the bank assured him that the amount transferred would not be withdrawn in China and would be returned. Yet the transfer had not been annulled by the bank and the sum was withdrawn in China. The client believed that action of the bank was not lawful, so he demanded a refund of USD 2,500 as well as AMD 25,000 which he paid for a bank service. After examining the circumstances of the case as well as considering a range of legal acts, Mediator decided to satisfy Client's claim partially. Read more... 
A 2010 claim lodged against a bank in connection with a transaction via EDC terminal
There was a card service contract signed between the bank and the client, which enabled the client to have an EDC terminal installed at his commercial outlet in order to accept payments by cards issued under the license of ArCa and/or MasterCard International. In May 2010, the client traded for a total of AMD 1,800,000 via the EDC terminal at his commercial outlet. The bank, however, did not record that transaction onto the client's account. The Client applied to the Mediator, who declined the claim considering current legislation, MasterCard International operational regulations as well as examining the logs of the terminal. Read more...
A 2010 claim lodged against a bank in connection with changing the loan interest rate
Being an employee of the Bank, the Client signed a loan agreement with the Bank with an interest rate of 7 percent p/a. As told by the Client, months later the bank employee made a call to him telling that the interest rate of the loan had increased to 17.5 percent due to his dismissal. The client believed that the bank's actions were not lawful, so he demanded a return of approximately AMD 200.000, an extra amount paid due to the risen interest rate, and leave the interest rate at 7 percent as it was before. With the help of the Mediator the case was resolved through reconciliation of the parties. Read more...
A 2010 claim lodged against a bank in connection with a deposit invested in favor of third party
According to the Client, by the time he was signing the deposit contract with the bank, his passport was not with him, so the amount was credited into the account by his friend (citizen A). Months later the client wanted to withdraw money from his deposit account but was told at the bank that there was no money at the bank on his behalf. The bank responded to the client's claim that there was a demand deposit contract between the bank and citizen A signed in favor of third party thus making the client a third party. The bank stated that the right to possess the deposit in question belonged to the person having signed the demand deposit contract and paid the amount of deposit, i.e. citizen A, who has made possession of the amount. The client however found that the bank had breached the requirement of the law, so he applied to the Mediator. The Mediator declined the claim of the client with reference to the current legislation. Read more...
A 2010 claim lodged against an insurance company in connection with refused compensation under a travel insurance contract
The client had health problems while traveling abroad. According to the contract, the client contacted the authorized organization and was taken to hospital in accordance with an established procedure. After returning Armenia, the client went to the insurance company, asking reimbursement of the costs. The company rejected the compensation claim on the grounds that the insurance event was associated with the disease that existed prior to the beginning of the insurance period. Having examined the travel insurance contract, accompanying rules to the contract and the conclusion issued by the medical institution, the Mediator concluded that the insurance company has made an inadequate decision to reject insurance compensation. The case was resolved through reconciliation of the parties. Read more...
A 2010 claim lodged against an insurance company in connection with health insurance
A claim lodged against an insurance company in connection with partial compensation under a health insurance contract, with a grounded statement that the disease diagnosed is chronic, in the absence of escalation. The client made a claim to the insurance company to indemnify the costs of surgery of nasal septum, as the deformation of nasal septum emerged as a result of trauma received during the term of insurance. The company rejected the compensation claim, arguing that there was no relevant evidence confirming the trauma. Based on the contract signed between the parties, the opinion of the physician-expert, the Mediator persuaded the parties to seek reconciliation. Read more...
A 2010 claim lodged against an insurance company in connection with late notification of the insurance accident under the motor vehicle insurance contract
Unable to immediately report the accident to the insurance company and the police, the client could only do this a few hours later. The insurance company declined the client's claim for insurance compensation on the grounds that the client failed to report the accident immediately. In the review of the case, the Mediator concluded that the insurance company has made an inadequate decision to reject insurance compensation. The client and the insurance company came to reconciliation thanks to the Mediator, as the insurance company agreed to pay insurance compensation. You can learn more about the precedent here...
A 2010 claim lodged against an insurance company in connection with voluntary land motor vehicles insurance
The insurance company refused to pay insurance compensation since the client fled the scene after the accident; this serves a ground for rejection, pursuant to the terms of insurance. In the review of the case, the Mediator admitted that the refusal to pay compensation by the insurance company was reasonable. You can learn more about the precedent here...
A 2010 claim lodged against an insurance company in connection with the change in ownership of the motor vehicle under the insurance contract and late notification of the insurance accident
At the time of accident the car was driven by the person who was authorized by the client. The driver, with serious bodily injuries, was unable to report the accident to the client and the insurance company. Upon receipt of the information about the accident, the client contacted the insurance company. Declined by the insurance company, the client went to the Office of Mediator. The insurance company had several reasons for refusal, including the fact that the client did not comply with the terms of notifying about the accident. The company further argued that it had been a non-insurance accident and the assignment (authorizing) of the driver by the client had been made without the consent of the insurance company. Having examined the preliminary contract for sale and purchase of the motor vehicle, the motor vehicle insurance contract as well as with reference to the current legislation, the Mediator concluded that the insurance company’s response that declined an insurance compensation was ambiguous. The parties came to reconciliation thanks to the Mediator. Read more...
A 2010 claim lodged against a bank in connection with motor vehicle insurance under the loan agreement and failure to provide the client with the rules of insurance
The client informed the bank about the accident within 24 hours, pursuant to the collateral contract, and notified the same to the insurance company, as advised by the bank. The insurance company refused to pay compensation. Then the client made a request to the bank for insurance compensation, stating that the insurance company’s refusal supported the fact that the client had not been familiar with the rules of insurance. The bank, in turn, declined the client’s demand, reasoning that they provided the client with all relevant information about insurance upon signing the collateral contract. After negotiations arranged by the Office of Mediator, the bank and the insurance company had agreed to recompense 50% of the damage. Read more...
A 2010 claim lodged against a bank in connection with the transactions made through a card account previously yet left unprocessed
The client learned from the bank that he/she had outstanding liabilities. To prevent from being classified, the client made all necessary payments in the meanwhile claiming the bank to refund the overpaid amounts. The bank declined the client’s demand, arguing that the aforementioned liabilities had resulted from past transactions made by the client that were not processed in time. The case was resolved through reconciliation of the parties. Read more...
A 2010 claim lodged against a bank in connection with the sale of pledged item of collateral
The client turned to the bank with a request to cancel the auction since the bank had taken the pledged item of collateral to the sale through public auction without due notice to the client. Refused, the client however paid the required amount in full, with an intention to claim a refund from the bank later. In the review of the case, the bank admitted that fact of inappropriate notice and has therefore compensated the loss incurred by the client. The case was resolved through reconciliation of the parties. You can learn more about the precedent here...
A 2010 claim lodged against a credit organization in connection with the sale of pledged item of collateral
Deteriorated financial condition has brought about late payments by the client, and the credit organization has seized and sold the pledged property, as a result. The client believes, however, that the foreclosure and sale of the property has been in violation of the law, as no money has been received from the credit organization after the sale of the property. It should be noted that the property was co-owned by the client under the right of ownership. The credit organization rejected the claim of the client, stating that the latter had not paid their loan obligations. The Mediator rejected the claim of the client with reference to the current legislation as well as the factual circumstances of the case. Read more...
A 2009 claim lodged against an insurance company in connection with motor vehicle insurance
According to the claim the Client has entered into a contract with the Company for vehicle insurance and, subsequently, the car was insured. Unfortunately, that car crashed in an accident. The driver who has been authorized by the policyholder to use the car took all required action and provided all deliverables. Yet the Company unjustifiably delayed the payment of insurance indemnity, causing material damage to the Client. Thus, the Client demanded from the Company to recompense him for the damage resulted from the accident. With the help of Mediator, parties came to reconciliation. Read more...
A 2009 claim lodged against an insurance company in connection with health insurance
According to the claim the Client has applied to the medical center complaining about vertigo and stitched pain in the area of heart. The Client was diagnosed to have deformed nasal partition, chronic hypertrophic rhinitis and double-side catarrhal maxillary sinusitis. Following the doctor’s advice the Client agreed to undergo surgery at the same medical center. The Client spent a total of AMD 287,900 for medical services, so he turned to the Company with an intention to get reimbursement for the costs. However, the Company only defrayed a total of AMD 25,400 for medical examination and procured medicine. The Client’s demand was to get reimbursement for the rest of money, totaling AMD 262,500, which he personally had spent on surgery. The Client applied to the Mediator. As a result of negotiations, the parties have reached consensus through the arbitration of Mediator, with the Company having reimbursed 50 percent of the claim filed by the Client. Read more...
A 2009 claim lodged against an insurance company in connection with the amount of insurance compensation
According to the claim the insured car had been injured in an accident. The Client reported that he has reached an agreement with the Company, and the car was displaced to a service center of the official representative in Armenia. Otherwise, to determine the amount of loss at its own, the Company looked to the Bureaus of Expertise. Disagreeing with the expert assessment by the Bureau, the Client has filed a claim/request against the Company. As the Company declined Client's claim, the later applied to the Mediator. With the help of Mediator, parties came to reconciliation. Read more...
A 2009 claim lodged against an insurance company in connection with insurance indemnification
According to the claim the Client had an accident and his own Daewoo Nexia D-1.5, which was insured, damaged as a consequence. The Client’s request to the Insurance Company for indemnification was declined by the Company, and the policyholder has come to Mediator. Considering current legislation and the circumstances of the case, Mediator also rejected the claim. Read more... 
A 2009 claim lodged against a bank in connection with insurance indemnification
According to the insurance policy for motor vehicle, the Bank acted as policyholder and beneficiary while the Client acted as owner of the pledged motor car. An accident occurred, and after having cured injuries at home and getting back to normal, the first thing the Client did was to go to the Bank and then to the Insurance Company. The Insurance Company refused any payment of indemnity, nor has the Bank taken action to appeal the grounds for refusal and get the indemnification paid. The Client lodged a claim against the Bank. After trilateral negotiations between the Bank, Insurance Company and Mediator, the Insurer has agreed to pay an insurance indemnity to the full extent of the claim. Read more...
A 2009 claim lodged against a bank in connection with sale of collateral
According to the claim the Client has entered into a mortgage contract with the Bank. Months later, to his surprise, the Client learned by a phone call from an auctioning organization that the pledged home had been offered for sale at the auction, and more to his pain, had received a notice stating the date and time of the sale of the home. Determined to prevent his home from being auctioned off yet being unsuccessful to negotiate this matter with the Bank, the Client made a decision to pay the costs incurred by the auctioning organization in respect of arrangement of the auction with an intention to demand a reimbursement from the Bank. In his claim to the Mediator the Client demanded AMD 100,000 for reimbursement from the Bank. With the help of Mediator, parties came to reconciliation. Read more...

A 2009 claim lodged against a bank in connection with incorrect classification of a loan
According to the claim the Client has entered into a loan contract with the Bank. Later the Client came to another bank to get a micro-credit for the development of business, however he had been refused because the Client had been classified by the Bank as ‘bad borrower’, which was not the real case, according to the Client. In his claim to the Office of Mediator the Client provided an estimated loss caused to him from not having been loaned as a result of incorrect loan classification, and called the Bank for sending accurate information to the Credit Bureau and Credit Register as well as for indemnifying him for an incurred loss. With the help of Mediator, parties came to reconciliation. Read more...
A 2009 claim lodged against a bank in connection with changing currency of a deposit
According to the claim the Client requested the Bank to convert his dram-denominated deposit into that of dollar. The Bank declined the Client’s request by saying that if he wants to invest into a dollar-denominated deposit he should withdraw funds from his dram deposit, convert them into dollar outside the bank and reinvest the dollar funds with the bank. The Client insists that service clerks at the bank withdrew the money from his account and gave it to him without even asking whether or not this is what he wants. Furthermore, the Bank declined a currency conversion transaction, thus leaving the Client unable to exchange because exchange offices rejected selling more than $100. The Client demanded the Bank to indemnify him for the loss incurred as a consequence of exchange rate fluctuations. After applying to the Mediator the case was resolved through reconciliation of the parties. You can learn more about the precedent here...

A 2009 claim lodged against a bank in connection with card fraud
The client made a claim to return the money taken from their account illegally as well as all related interest fee charged. The bank rejected the claim of the client, explaining that all the transactions had been made by the use of a password (PIN code) and, therefore, the bank is not liable for the damages resulting from the transactions. In a review of the case, the Mediator found out that the transactions were carried out by the client who had been able to possess the card and the password. Outcome of the case: the Mediator declined the claim of the client. Read more...