Essential terms of the insurance contract defined in Art. 942 Civil Code. The content of the agreement is a set of its terms or clauses that express the will of the parties. In legal practice, the terms of the contract are usually divided into essential, ordinary, mandatory and individual.

Essential conditions are necessary for contracts of a certain type. The contract is considered concluded only if there is an agreement of the parties on all essential points. If at least one of the essential conditions of the parties did not come to an agreement, then the contract cannot be concluded.

Essential terms of the insurance contract:

In property insurance, essential insurance conditions include: a condition on the amount of the sum insured; condition on the term of the contract; condition on property or property interest that is the object of insurance; a condition on the nature of the event, in the event of the occurrence of which the insured event is insured.

In personal insurance, essential insurance conditions include: the condition of the insured person; condition on the amount of the sum insured; condition on the term of the contract; a condition on the nature of the event, in the event of the occurrence of which in the life of the insured person, insurance is carried out (Article 942 of the Civil Code of the Russian Federation).

In article 434 of the Civil Code of the Russian Federation, there are two ways to conclude an agreement:

1) by drawing up one document, agreed and signed by the parties;

2) through the exchange of documents that would indicate the desire of the parties to conclude this agreement.

The document certifying the conclusion of the insurance contract must contain the following data:

1) the name of the document;

2) the name, legal address and bank details of the insurer;

3) the surname, name, patronymic or name of the organization of the policyholder and his address;

4) the amount of the insured amount;

5) an indication of the insured risk;

6) the amount of the insurance premium, the timing and procedure for its payment;

7) the term of the contract;

8) other (special) conditions by agreement of the parties, including additions to the rules or exceptions to them; the procedure for changing and terminating the contract, etc .;

9) signatures of the parties.

Recall that an agreement in which there is no insured amount is considered not concluded, since in accordance with Art. 942 GK sum insured refers to the essential terms of the insurance contract.

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There is one exception to this rule. In Art. 4 of the Law of the Russian Federation "On Medical Insurance ..." provides for standard forms of contracts for medical insurance, which are approved by the decree of the Government of the Russian Federation of 23.01.92 "On measures to implement the Law ...". It follows from these standard forms that the insurer is obliged to pay for all medical services provided to the insured in accordance with the insurance program and the possibility of limiting payment to any amount is not provided. Consequently, a person insured under a health insurance contract is entitled to unlimited payment medical services in accordance with the program attached to the policy, regardless of whether the insurance amount is in the contract or not (article 970 of the Civil Code).

Along with the essential conditions in the contract, there are a number of conditions related to different categories.

Usual terms of the contract- these are the conditions that are available in any contract and provided for by law in the event that the parties do not wish to establish anything else. This is information about the place of the conclusion of the contract, the form of the contract, etc.

Mandatory conditions contract are prescribed by the parties by law for agreement. In insurance contracts, these are, for example, the details of the parties, payment terms, the start date of insurance coverage, etc. As a rule, the contract comes into force from the moment the insurance premium is paid by the policyholder, unless otherwise provided in it.

Unlike mandatory individual conditions entered into the contract at the request of the parties. The legislation is allowed to establish in the contract by mutual agreement any conditions that do not contradict the law, which contributes to the maximum consideration of the wishes of the parties. Individual agreements in insurance contracts relate to an individual specific risk. Moreover, such an individual agreement always has advantages over the general content of the agreement. In practice, in such cases, it is recommended to use the following rule: the conditions developed on the basis of an individual agreement precede the standard conditions.

Along with the mandatory prescriptions and norms regarding insurance contracts contained in legislative acts, in the world insurance practice there is a concept customary law, important for the developing Russian insurance... Customary law is the so-called unwritten law, socially recognized and universally applied norms that are not included in any law due to their obviousness, for example, the parties' compliance with the terms of the contract. By the way, the corresponding clause in Russian practice is usually included in the insurance contract. For insurance, such customary rules as the policyholder's confidence in the explanations of the agents of the insurance company regarding the content and scope of insurance coverage are relevant.

Based on the current legislation of the Russian Federation, the insurer enters into voluntary property insurance contracts with legal and individuals- the insured.

List of hazards from which insurance should be made depends on the nature of the risk. For industrial risks, these are considered a fire, explosion, breakdown of machines and mechanisms, natural disasters, leakage of toxic substances, for environmental - pollution or other damage to the environment, for investment - various events leading to the loss of investment objects or profit as a result of investment.

The list of dangers within a specific insurance coverage is also determined by the choice of the type of insurance. There is an established practice of combining in one insurance contract several risks that are similar in reasons of occurrence, the nature of the impact, the nature of losses, etc. In this case, a situation may arise when different risks can be combined within the same insurance coverage. Therefore, the main task is not a detailed definition of the conditions for the provision and types of insurance coverage (this task is solved together with the insurance company), but an understanding of what type and to what extent coverage should be provided for individual risks.

Maximum insurance liability for each type of hazard and type of loss must correspond to the volume insurance compensation provided for individual risks in the event of the most unfavorable situation. It is advisable to set its maximum size at the level of the maximum acceptable size of the loss, determined in the process of risk analysis.

In general, the complex of insurance conditions includes the following components:

Conditions for the provision of insurance coverage;

Insurance scheme;

Conditions limiting the liability of the insurer;

The amount and terms of payment of the insurance premium;

Obligations of the insurer;

Obligations of the policyholder;

Terms of concluding an insurance contract;

Conditions of refusal of the insurer to pay insurance compensation;

The procedure for the payment of insurance compensation;

Conditions for the transfer of the rights of the policyholder after payment of the insurance indemnity;

Other conditions.

The policyholder needs to determine the most important types of insurance for him.

As already mentioned, the classification of risks does not fully correspond to the classification of types of insurance. Many traditionally established types, for example, insurance of property of legal entities, include protection against various risks. Conversely, the same risk can be expressed in different types of insurance. For example, credit risk can be insured under both a liability insurance contract and a financial risk insurance contract.

The policyholder has the opportunity to choose within which types of insurance it is desirable to obtain insurance coverage. Fundamentally, there are two different types of insurance contracts: special, which provide protection against only one type of risk or cover only one type of loss, and complex, providing protection against all or most of the risks for the selected insurance object.

Conclusion complex contracts has a number of points attractive to the policyholder. For example, this reduces the time spent on negotiating insurance, the insurance compensation is paid faster, and a better understanding of the interests of the parties is achieved. The complex tariff rate is always less than the sum of individual insurance tariff rates for the same set of risks. However, there is one complicating factor here: the complex risk of an individual insured can be so great that it may not be possible to cover it within a separate insurance company.

From the general list of risks subject to insurance, it is useful to single out those that are subject to compulsory insurance under the law or due to contractual circumstances.

For mandatory types insurance carried out by virtue of the law, there are various restrictions on the conditions for the conclusion of insurance contracts. For example, some conditions for concluding insurance contracts for liability for damage caused by hazardous production facilities are enshrined in the Law of the Russian Federation "On industrial safety dangerous production facilities»Dated July 21, 1997 No. 116-F3, in particular, the minimum amount of the insured amount depending on the degree of danger of the object.

According to the current civil legislation, contracts for compulsory insurance can only be concluded with state insurance companies.

There may be contractual obligations to enter into insurance contracts under other contracts or contracts. The insurance term can be one of the conditions for granting a loan or making an investment. Compulsory insurance may be subject to both the direct risk of non-repayment of the loan and property provided as collateral.

In the insurance market, the policyholder deals with several types of partners: insurance companies, associations of insurers - insurance pools, insurance brokers, agents and consultants.

The purpose of the conclusion of the insurance contract is the acquisition by the policyholder of the right to compensation for the damage incurred caused by events recognized as insurance.

The object of insurance may be property that belongs to the policyholder on the basis of property rights, as well as property that the policyholder disposes under contracts of lease, lease, rental, accepted for commission, storage or as a pledge, if this property is not insured by its owner.

Property that makes up fixed and circulating assets can be insured:

Buildings, structures, transmission devices, vehicles, machinery, equipment and other fixed assets;

Inventories acquired by this organization;

Inventories of own production;

Unfinished construction objects;

Products during production or processing.

Both the entire property and a certain part of it can be insured. The object of insurance may also be the following reasonable expenses that are incurred by the policyholder upon the occurrence of insured events:

Expenses for measures for dismantling and / or moving buildings, structures, equipment to a new location, undertaken to save property and / or in order to reduce losses.

Expenses for cleaning the territory specified in the insurance contract against debris (remnants) of property damaged as a result of the insured event. The expediency of the listed expenses is determined by the insurer.

Not subject to insurance:

Buildings and structures, structural elements and systems of which are in an emergency condition, as well as the property in them;

Property located within the territory of the insurance coverage, not owned by the policyholder and not received by him as a result of contractual relations.

The property is considered insured in the territory specified in the insurance contract. If the insured property is removed from this territory, the insurance coverage is terminated.

Under the insurance contract, the insurer undertakes to reimburse the insured for damage in case of damage or loss of property in the event of insured events for the following types of risks:

Fire (accidental occurrence and spread of fire on an object, inside an object or from one object to another);

Water supply network failure;

Sewer system failure;

Heating system failure;

Flooding, water penetration from adjacent premises;

Subsoil water action;

Explosion;

Soil subsidence;

Theft, robbery;

Property damage as a result of illegal actions of third parties.

At the request of the policyholder, the property can be insured against both all and some of the listed groups (types) of risks. In this case, the above groups (types) of risks should be specified depending on the reasons for their occurrence.

Insurance coverage can be provided under the schemes proportional and disproportionate insurance... Disproportionate insurance includes first risk insurance, insurance with a deductible, and marginal loss insurance.

The conditions limiting the liability of the insurer include specific situations for which, although there are signs of an insured event, the insurance indemnity is not paid. For example, these are conditions when the insured event was the result of the insured's malicious intent or the result of his collusion with third parties. Insurers often limit their liability in the event of interference by the authorities in the activities of the enterprise. Force majeure events are also grounds for refusal to fulfill obligations to pay insurance compensation.

In all cases, the damage resulting from:

Any kind of hostilities and their consequences, terrorist acts, civil unrest, strikes, mutiny, lockouts, confiscation, requisition, interruption of work, arrest, destruction or damage to property by order of civil or military authorities, forced nationalization, introduction of a state of emergency or special state, mutiny , riot, putsch, coup d'état, conspiracy, uprising, revolution;

Natural disasters when announced before the conclusion of the insurance contract for the territory of insurance coverage by the natural disaster zone;

Impact of nuclear energy in any form;

Deliberate actions or gross negligence of the policyholder or persons working for him;

Non-observance by the policyholder of the instructions for storage, operation and maintenance of the insured object, as well as the use of this object for purposes other than those for which it is intended;

Spontaneous combustion, fermentation, decay, aging, corrosion and other natural properties of objects and others.

When concluding an insurance contract, it is necessary to pay special attention to such clauses, since usually they are the reason for justifying the refusal to pay insurance compensation.

The conditions for the refusal of the insurer to pay insurance compensation are usually drawn up in a separate block in the insurance contract. In addition to restrictions on the liability of the insurance company under various circumstances, these conditions may include the following points: failure of the policyholder to report the occurrence of an insured event within the agreed time frame, failure to comply with the terms of payment of the insurance premium, failure of the policyholder to provide all required documents, lack of certificates from government agencies confirming the occurrence of an insured event, etc.

The insurance contract also specifies insurance rates for individual risks and the amount of insurance premiums to be paid by the company. The procedure for paying the insurance premium, which can be paid in a lump sum or in installments, is also determined.

The insured amount is established by agreement of the parties on the basis of documents confirming the value of the property.

The sums insured are set within the value of the property to be insured at the time of the conclusion of the contract.

The cost of the insured property is determined:

When insuring buildings and structures - based on the cost of construction in a given area of ​​a building or structure similar to the insured, taking into account its wear and tear and operational and technical condition;

When insuring machinery, equipment and inventory based on the amount required to purchase an object similar to the insured one, taking into account its wear and tear;

When insuring inventory items (including raw materials, semi-finished products) purchased by the insured based on the costs necessary for their re-acquisition:

When insuring inventory items manufactured by the insured - based on the production costs required for their re-production;

When insuring property obtained as a result of contractual relations - in the amount of the insured's property liability, but not higher than the value of the property determined in accordance with the insurance contract;

When insuring the finishing of premises, both belonging to the policyholder and transferred to the policyholder under a lease (lease) agreement, without indicating their assessment based on the costs incurred by the policyholder or the lessor for repair and / or decoration of premises until the conclusion of the contract.

The sums insured are established separately for each insured object or for a set of objects specified in the insurance contract.

The sum insured for the insured expenses is determined separately from the sum insured for the insured property.

The policyholder can set the sum insured below the value of the property to be insured. In this case, insurance is valid in a share of the value of the property (incomplete insurance).

In this case, the difference between the insured amount established in the insurance contract and the value of the property is not covered by insurance coverage, and payments upon the occurrence of insured events are made in proportion to the sum insured to the value of the insurance object.

The insurer is liable up to the sum insured.

Tariff rates are set depending on the category of property, type and degree of risks, the nature of the policyholder's activities.

When concluding an insurance contract, by agreement of the parties, the insurer's liability limit (maximum paid insurance indemnity) is set for one insured event and a deductible (part of the damage that is not subject to compensation by the insurer). If there is a deductible, the policyholder may be given a discount on the insurance premium.

The insurance premium is calculated based on the sums insured, tariff rates, insurance period, taking into account the benefits and discounts provided.

Payment of the insurance premium is made in cash or by bank transfer.

When concluding an insurance contract for a period of at least one year, the policyholder may be granted the right to pay the insurance premium in two terms. The first part of the insurance premium in the amount of at least 50% of the annual insurance premium is paid at the conclusion of the insurance contract, but no later than 10 days from the date of signing the contract by both parties. The rest of the insurance premium - no later than 3 months after the entry into force of the contract.

With insurance for a period of at least one year insurance premium(Pg) is calculated by the formula:

Pg = C x T / 100 x M / 12,

where: C - insurance amount; T - tariff rate in%; M - insurance period in months (an incomplete month is considered a full one).

In case of insurance for a period of more than one year, the insurance premium is subject to recalculation every year, starting from the date of entry into force of the insurance contract.

In the case of insurance for a period of less than one year (short-term insurance), the insurance premium is paid at a time when the insurance contract is concluded, but no later than 10 days from the date of signing the contract by both parties. The calculation of the premium in this case (Pc) is made according to the formula:

PC = Pg x K,

where Пг - insurance premium for insurance for one year; K is the short-term coefficient. During the validity period of an insurance contract concluded for a period of at least one year, by agreement of the parties, changes may be made in terms of the amount of the insured amount and tariff rates, as well as the types of risks for which insurance is made.

When the insured amount is increased, an additional insurance contract is concluded and the insured makes an additional payment of the insurance premium, calculated based on the full months remaining until the end of the contract. In this case, an incomplete month is taken as a full one.

A decrease in the sum insured can be made only on condition that the insured has not previously been paid the insurance indemnity under this agreement. When the insured amount is reduced, the insurer is refunded a part of the insurance premium (B), the amount of which is determined by the formula:

D = (P2-P1) x T / P. B = (H x P1-P2) x T / P,

where: D - bonus payment; В - the returned part of the premium; P1, P2 - premiums for the initial and final insured amounts, respectively; T - the number of full months until the end of the insurance contract from the moment the insured amount was changed; P - insurance period in months (an incomplete month is considered a full one). Coefficient H takes into account the standard of expenses of the insurer for the conduct of the case.

After the payment of the insurance indemnity, from the moment of the occurrence of the insured event, the sum insured under the contract is reduced by the amount of the indemnity paid. When restoring or replacing the damaged property, the amount of the insured amount can be restored to its original value.

Policyholders who continuously insure property and do not apply for insurance compensation during the term of the insurance contract, upon renegotiation of the insurance contract, are provided with an annual discount from the insurance premium in the amount of 5%, but not more than 50% in total. To conclude an insurance contract, the policyholder provides the insurer with a written application in the prescribed form or in another acceptable way declares his intention to conclude an insurance contract.

The insurance contract is concluded on the basis of the policyholder's application and the results of the examination (examination) of the property to be insured. To draw up an insurance contract, additional documents may be required that characterize the degree of risk.

When concluding an insurance contract, a certificate or inventory is drawn up indicating the value of the property, which is certified by the signature of the head and the chief accountant, the seal of the company (for legal entities). If necessary, a written description of the object is drawn up. After the insurance contract is drawn up, these documents become an integral part of it. The policyholder is responsible for the accuracy and completeness of the data provided by him in the contract and the certificate (inventory).

Registration of a certificate or inventory of property owned by the policyholder and property that he disposes on contractual terms is carried out separately. The insurance contract can be concluded in favor of a third party - the beneficiary. This person can be appointed by the insured when concluding the insurance contract, or he is the legal heir (heirs) and / or the legal successor (successors). An insurance contract can be concluded for a period of up to one year, for a year or more. An insurance contract is considered short-term if it is concluded for a period of up to one year.

After the conclusion of the insurance contract, the policyholder pays the insurance premium or its first installment:

When paying in cash - at the same time as receiving insurance policy.

For cashless payments - within ten days from the date of signing the insurance contract by both parties.

The insurance contract comes into force after the policyholder has paid the insurance premium or the first part of it:

When paying in cash - from 00 o'clock on the day following the day of receipt of money by the representative of the insurer;

In case of non-cash payment - from 00 o'clock on the day following the day the bank debits money from the current account of the policyholder to be credited to the current account of the insurer.

The insurer is liable under the insurance contract within the period specified in the contract. In the event that the policyholder loses the insurance policy during the validity period of the insurance policy, a duplicate is issued to him. After issuing a duplicate, the lost insurance policy is considered invalid and no payments are made on it.

The insurance contract expires from 00:00 on the day recognized as the day of termination of the contract. Changes to the terms of the insurance contract are made by mutual agreement of the policyholder and the insurer on the basis of an application by one of the parties within five days from the date of receipt of the application by the other party.

If any of the parties does not agree to amend the insurance contract, within five days, the issue of whether the insurance contract is valid under the previous conditions or its termination is resolved.

The insurance contract is terminated:

If the insured fails to pay the entire insurance premium or the first part of it from the agreed date after the date of signing the contract by both parties;

If the policyholder fails to pay the remaining part of the insurance premium from the agreed date of the fourth month of insurance after the day of payment of the first part of the premium;

After the expiration of the period specified in it, from the day following the day specified in the policy, as the day of the end of the contract;

Upon payment of insurance compensation in the amount of the sum insured, from the date of final settlement;

If the court makes a decision to recognize the contract as invalid;

If the policyholder loses the ownership of the insurance objects or in the event of liquidation (reorganization) of the policyholder from the day following the date of signing the relevant documents. The policyholder or his successor may reissue (renew) the insurance contract within an agreed period from the date of termination. In this case, the agreement re-enters into force from the next day after its re-execution (renewal) and is valid until the end of the period specified in the previous agreement;

Upon liquidation of the insurer in accordance with the procedure established by the legislative acts of the Russian Federation.

The insurance contract can be terminated early at the request of the policyholder or the insurer. The parties are obliged to notify each other in writing about their intention to early terminate the insurance contract at least an agreed number of days prior to the expected date of termination of the insurance contract. In this case, from the date of receipt of the notification by one of the parties until the moment of termination, the insurance contract is suspended.

In case of early termination of the insurance contract, the insurance premium is returned to the policyholder in full.

The insurance contract can be renewed if it was terminated due to the failure of the policyholder to pay the second part of the insurance premium. To renew the contract, the policyholder must pay a penalty in a certain amount of the entire amount of the insurance premium and the unpaid part of it. In this case, the term of the contract is not extended. The insurer is not liable under the insurance contract during the period from the moment of its termination until the moment of its renewal.

The insurance contract is considered invalid from the moment of its conclusion if:

This is provided for by the current legislation of the Russian Federation;

It was concluded after an event recognized as insurance in accordance with the insurance rules;

The object of insurance is property subject to confiscation on the basis of a relevant court decision that has entered into legal force.

The insurance contract is recognized as invalid by the court, arbitration or arbitration courts.

If the insurance contract is recognized as invalid, the insurance premium is returned to the policyholder minus the costs of the insurer for the conduct of the case, and the paid insurance indemnity is returned to the insurer in full.

The insurer who has paid the insurance indemnity is transferred, within the limits of the amount paid, the right to claim that the policyholder (or another person who has received the insurance indemnity) has against the person responsible for the damage caused.

If the policyholder has received compensation for damage from third parties, the insurer shall pay only the difference between the amount payable under the insurance terms and the amount received from third parties. The policyholder is obliged to immediately notify the insurer of the receipt of such amounts.

The policyholder is obliged to return the paid insurance indemnity (or its corresponding part) to the insurer, if such a circumstance is discovered that fully or partially deprives the policyholder of the right to insurance indemnity.

Disputes arising under the insurance contract are resolved through negotiations, with the involvement, if necessary, of a specially created expert commission.

If an agreement is not reached, the dispute is referred to a court (arbitration court) in the manner prescribed by the current legislation of the Russian Federation.

The premium is paid in a lump sum at the beginning of the insurance period. When calculating the lump-sum payment, the insurer should take into account the possible increase in the insured value of the property as a result of inflation. If an increase or decrease in the sum insured during the insurance period is envisaged, it is possible to pay the insurance premium from bringing costs . This method consists in the fact that at the end of the insurance period, the insurance premium is recalculated, and one party compensates the other for the resulting difference.

Payment of premiums in installments may in many cases be preferable for the policyholder, as it reduces the severity of loss of funds with a large lump sum. However, the total amount of the insurance premium when paid in installments is higher than when paid in a lump sum.

The obligations of the insurer include a standard set of obligations of the parties to pay the insurance premium, due dates, penalties for late payments, obligations to provide information, documents and other obligations of the insurer, including both ordinary civil and specific obligations to pay insurance compensation.

The policyholder is obliged:

When concluding an insurance contract, inform the insurer of all the information required from him, characterizing the circumstances that are important for the insurer to assume responsibility. Important are those circumstances of risk that may influence the decision of the insurer to conclude an insurance contract or its content;

To inform the insurer about all concluded or concluded insurance contracts in relation to this insurance object and the amount of the sums insured. If, at the time of the occurrence of the insured event, other insurance contracts for similar risks were in force in relation to the insured property, compensation for damage is distributed in proportion to the ratio of the sums insured in which the insured object is insured by each insurance organization. The insurer pays compensation only to the extent that falls on its share. The amount of the compensation paid is reduced by the amount of the deductible if the latter is available;

Pay the insurance premium in the amount and in the manner determined by the insurance contract;

Take all reasonable precautions to prevent damage and increase the risk;

Observe the instructions for storage, operation and maintenance of the insured object, as well as use this object only for its intended purpose;

If the degree of risk changes within three days, inform the insurer about this in writing for termination or renewal of the insurance contract;

Immediately inform the insurer of the location of the lost insured property, if the latter is found.

In the event of damage, the policyholder is obliged:

Take all possible measures to reduce damage and save the insured property, including those recommended by the insurer;

Within 24 hours from the moment of discovery of the damage, notify the insurer about this and immediately notify the competent authorities;

Submit a written application in the established form for the payment of insurance compensation indicating the circumstances of the damage, as well as all documents requested by the insurer confirming the fact, causes and amount of damage;

Provide the insurer with the opportunity to inspect or inspect damaged property, investigate the causes and extent of damage, participate in measures to reduce damage and rescue the insured property;

At the request of the insurer, inform him in writing of all the information necessary to judge the amount and causes of damage or loss of the insured property;

Provide the insurer with an inventory of damaged, lost or lost property. These inventories must be submitted within the terms agreed with the insurer, but in any case no later than one month from the date of the insured event. Inventories are drawn up with an indication of the value of the damaged items on the day of the occurrence of the insured event. The costs of compiling the inventory are borne by the policyholder;

Save the damaged property in the form in which it appeared after the insured event. A change in the picture of loss is possible only if it is dictated by security considerations and / or the desire to reduce the amount of damage;

Transfer all documents to the insurer and take all measures for the insurer to exercise the right of claim against the guilty persons.

The obligations of the policyholder arising from the contract, with the exception of the obligation to pay the insurance premium, apply equally to the beneficiary. Failure by the beneficiary to fulfill these obligations entails the same consequences as failure of the insured to fulfill them.

The policyholder has the right:

To receive insurance compensation in the amount of direct actual damage within the insured amount, taking into account the specific conditions specified in the insurance contract;

To conclude an insurance contract for the benefit of third parties. In this case, the person who owns the insurance policy is entitled to receive insurance compensation under the insurance contract;

To change the terms of the insurance contract;

To terminate the insurance contract;

To receive benefits under an insurance contract.

The insurer has the right:

Check the information provided by the policyholder and the compliance of the insurance object with the description;

Check the condition of the insured object, as well as the compliance of the information provided to him by the insured about the insurance conditions with the actual circumstances, regardless of whether these conditions have changed;

Participate in the salvage and preservation of the insured property, as well as give written recommendations on how to reduce damage, which are binding on the policyholder. However, these actions cannot be considered as recognition of the obligation of the insurer to pay insurance indemnity;

To independently find out the reasons and circumstances of the insured event;

Proceed to inspect the damaged property without waiting for the notification of the insured about the loss.

The policyholder has no right to prevent the insurer from doing this;

Demand from the policyholder the information necessary to establish the fact of the insured event or the amount of the insurance indemnity to be paid, including information constituting a commercial secret;

If necessary, send a request to the competent authorities for the submission of relevant documents and information confirming the fact and reason for the occurrence of the insured event;

Get into your ownership the remains of the insured property or the property itself for which the insurance indemnity has been fully paid.

The insurer is obliged:

To acquaint the policyholder with the insurance rules;

Not to disclose information about the insured and his property status, except for the cases provided for by the current legislation;

Upon receipt of the notification of the policyholder about the change in the conditions of insurance, within five days, amend the insurance contract or terminate it, notifying the policyholder about this;

The insurer, after receiving an application for the payment of insurance compensation, is obliged to:

Inspect the insurance object within 48 hours from the date of receipt of the policyholder's application (excluding weekends and holidays);

With the participation of the insured, draw up an act on the occurrence of damage;

Together with the policyholder, draw up a calculation of the damage and determine the amount of insurance compensation;

If the event is recognized as insured, make the payment of insurance compensation in cash;

In case of refusal to pay insurance compensation, the insurer is obliged to notify the policyholder in writing with a reasoned justification of the reasons for the refusal.

Damage means the value of the stolen property and / or the lost value of the destroyed (damaged) property. The amount of damage is determined by the insurer on the basis of the expert examination, taking into account the value of the damaged property at the time of the conclusion of the insurance contract. Each of the parties has the right to request an independent examination. The examination is carried out at the expense of the party that requested it. The costs of carrying out an examination in cases recognized as non-insurance after its completion shall be borne by the policyholder. Experts cannot be persons who are competitors of the policyholder or have business contacts with him, as well as their employees.

The damage is determined:

In case of theft of property - in the amount of its value at the time of the conclusion of the insurance contract;

In the event of the loss of property - in the amount of its value minus the value of the remaining balances suitable for further use based on the application of prices in effect at the time of the conclusion of the insurance contract;

In case of damage to property - in the amount of the cost of its restoration with the application of prices and tariffs at the time of the conclusion of the insurance contract.

Refurbishment costs include:

The costs of materials and spare parts required for refurbishment;

The cost of payment for the restoration work.

Refurbishment costs are determined net of the cost of depreciation of materials and spare parts replaced during refurbishment (repair).

Refurbishment costs do not include:

Expenses related to changes and / or improvements to the insured object;

Expenses caused by temporary (ancillary) repairs or refurbishment.

The payment of insurance compensation is made after the receipt of the insurance premium or a part thereof on the current account of the insurer, as specified in the insurance contract.

The insurance indemnity is paid up to the sum insured. In this case, the insured amount from the moment of the occurrence of the insured event is reduced by the amount of the paid insurance indemnity.

If the insured amount at the time of the occurrence of the insured event turned out to be lower than the value of the currently insured property, the insurer shall compensate for the damage only in proportion to the insured amount to this value. The amount of insurance compensation (SV) in this case is determined by the formula:

SV = U. S / SI - F,

where: Y - the amount of damage based on the value of the insured property at the time of the conclusion of the insurance contract; С - sum insured; SI - the value of the property at the time of the conclusion of the insurance contract; F - franchise (if any).

If changes have been made to the insurance contract in terms of the amount of the insured amount, the insurer will compensate for the damage taking into account the last change.

The insurer is not obliged to pay the insured compensation in excess of the amount of damage, even if at the time of the insured event the insured amount exceeded the value of the insured property.

Without the consent of the insurer, the policyholder has no right to refuse from the property remaining after the insured event, even if it is damaged. Residual value such property is subject to deduction from the amount of damage.

Payment of insurance compensation is made within an agreed period after the fact of the insured event is established, confirmation of this fact and determination of the amount of compensation made on the basis of the relevant documents. The date of withdrawal of money from the current account of the insurer is considered the day of payment. In the case of reinsurance of large risks, the period for payment of insurance compensation may be extended, which should be reflected in the insurance contract.

If the insurance payment is not made within the specified period, the insurer shall pay the policyholder a fine in the amount of one percent of the amount of the insurance payment for each day of delay.

In some cases, if the time interval between the establishment of the fact of the insured event and the end of the determination of the amount of damage exceeds two weeks, the insurer, at the request of the policyholder, may make an advance payment of the insurance indemnity. The amount of the advance payment is determined by the insurer, which is subsequently taken into account in the final settlements.

The insurer has the right to postpone the payment of insurance compensation if:

He has reasonable doubts about the eligibility of the policyholder to receive insurance compensation. Refunds will not be paid until the necessary evidence is presented;

The relevant internal affairs bodies have initiated a criminal case against the policyholder or persons authorized by him and are investigating the circumstances that led to the occurrence of damage. Refunds will not be paid until the investigation is complete;

If the insured has been returned the stolen insured property, he is obliged to return to the insurer the insurance indemnity received for it, minus the costs associated with the theft for repairs or putting in order of the returned property. If the policyholder refuses to return the insurance compensation to the insurer, all rights to this property pass to the insurer.

The insurer has the right to reduce the amount of the insurance indemnity if the policyholder, after the occurrence of the insured event, did not ensure the safety of the surviving (fully preserved or partially damaged) property;

The insurance indemnity is not paid, and the contract may be terminated due to loss of confidence in the policyholder, if the policyholder (one of his authorized representatives and / or persons working for him):

Has not taken the measures agreed with the insurer in the insurance contract aimed at preventing damage and reducing the degree of risk;

Deliberately or grossly negligently committed or allowed an action (inaction) that led to the occurrence of damage;

Did not follow the instructions for storage, operation and maintenance of the insured object, and also used this object for purposes other than those for which it was intended;

Did not inform and / or provided the insurer with incorrect (knowingly false or incomplete) information about the object and insurance conditions requested by the insurer;

Did not inform the insurer about the change in the degree of risk;

Has not taken measures to prevent or mitigate damage;

He did not notify the insurer of the occurrence of damage, as a result of which it became impossible to determine the cause and extent of the damage.

Has not provided the insurer with the application and the documents and information requested by him;

Hindered the insurer or his representatives in determining the circumstances of the occurrence, nature and amount of damage;

Deliberately misled the insurer or its representatives in determining the causes and / or the amount of damage;

Received full compensation for damage from the person guilty of causing it;

He refused the rights of claim against the guilty persons (or the exercise of these rights turned out to be impossible through his fault). If the insurance indemnity has already been paid, the policyholder is obliged to return the amount of the paid indemnity to the insurer.

The procedure for calculating and paying out insurance compensation is highlighted in the insurance contract in a separate block. In this case, the procedure for filing a claim by the insured regarding insured event, the documents required for the consideration of the claim, methods for determining the amount of losses that are taken into account when calculating the insurance indemnity, and the timing of the indemnity payment.

The conditions for the transfer of the rights of the policyholder to the insurer after payment of the insurance indemnity relate to the possibility of filing recourse action on behalf of the insurer to the persons guilty of the insured event, as well as the possible transfer of rights to the remnants of property destroyed as a result of the insured event. In addition, in liability insurance contracts, conditions are possible that stipulate the transfer of rights to property not to the insurer, but to the beneficiary. the insured. Personal insurance contracts usually stipulate the transfer of the right to receive insurance compensation (security) to the heirs in the event of the death of the insured person.

It is also possible to include any other conditions of a general civil and special nature, for example, on confidentiality, the procedure for resolving disputes, cooperation in eliminating losses and limiting the amount of damage, etc.

Choosing an insurance partner is an important part of developing an insurance strategy. The policyholder may prefer to deal directly with several insurance companies, each time choosing the most suitable one for insuring a certain type of risk. Otherwise, it can turn to the help of a broker or consultant, entrusting him with the work of selecting a partner and the optimal insurance scheme.

In the case of an independent search for a suitable insurance company, the company analyzes the possibilities of each of them in order to provide the most favorable insurance conditions. You should also check accounting statements each company in order to ascertain its financial sustainability and solvency, as well as the ability to take risks of the required volume.

The most preferable for insuring large risks is the use of insurance pools, which allow attracting the aggregate capital of many companies for risk insurance and thus providing a significant margin of solvency for each of its participants in the event of a large insurance payment. There may be already established groups of insurers on the market for insurance of risks of a certain type, and the entire group is managed by a company - a pool leader or an insurance broker.

Contacting an insurance broker can bring significant benefits to the company in providing favorable insurance conditions. The broker has much more complete information about the state insurance market... He can be entrusted with the selection of a suitable company, the formation of an insurance pool, as well as the choice of a general scheme for placing risks. He can advise on the best combination of insurance and non-insurance risk management methods, the choice of a deductible or other methods of disproportionate insurance.

The insurance broker may also be entrusted with the settlement of losses in the event of an insured event. As a rule, brokers manage the entire document flow of the insurance pools they have created, distribute risk and losses among pool members, and control cash settlements.

So the right choice insurance broker is essential for managing risk through insurance. Analysis of the supply of brokerage firms should focus on the experience, size and location of the firm, the services it provides, the availability of qualified specialists, additional or specialized services.

Brokerage offices can be ranked according to the following criteria:

Availability of a license;

The size of the brokerage office, staff of specialists;

Field of activity;

Technical equipment;

Correspondence of the offered services to the needs of the enterprise;

Advantages over competitors;

Efficiency;

The quality of the expertise;

Cost of services.

In addition to insurance brokers, similar services for the selection of partners and the choice of insurance schemes can be provided by consulting firms, as well as independent consultants.

Insurance contract

Essential conditions are necessary for contracts of a certain type. The contract is considered concluded only if there is an agreement of the parties on all essential points. If at least one of the essential conditions of the parties did not come to an agreement, then the contract cannot be considered concluded.

Those terms of the agreement that are recognized as such in the relevant laws and regulations are considered material. In international insurance practice, the following conditions are essential for insurance contracts:

events upon the occurrence of which the insurer is obliged to pay insurance compensation (insurance amount);

the territory covered by the insurance contract;

insurance object;

insurance amount;

procedure and terms of payment of insurance compensation (sum insured);

the term of the insurance contract;

the period of the insurer's liability for obligations;

the amount and procedure for paying the insurance premium (contribution);

the procedure for amending the terms of the agreement;

legal consequences in case of non-fulfillment or improper fulfillment by the parties of obligations under the contract;

the procedure for the settlement of disputes between the parties to the contract.

In Russian insurance law, the list of essential conditions is somewhat different. Article 942 of the Civil Code of the Russian Federation establishes four essential conditions of an insurance contract, three of which are common for property and personal insurance:

the nature of the event, in the event of the occurrence of which insurance is carried out (insured event);

insurance amount;

the term of the insurance contract.

For property insurance: property or property interest that is insured. For personal insurance me: the insured person.

It should be remembered that if an agreement is not reached between the parties on at least one of these conditions, the contract is considered not concluded. And an unconcluded agreement does not work simply because it does not exist.

In particular, a contract that does not contain the sum insured is considered non-concluded, since in accordance with Art. 942 ГК the sum insured relates to the essential terms of the insurance contract. However, there is one exception to this rule. In Art. 4 RF Law "On health insurance citizens in the Russian Federation " provides for standard forms of medical insurance contracts approved by Decree of the Government of the Russian Federation No. 41 of January 23, 1992. In accordance with this document, the insurer is obliged to pay for all medical services provided to the insured in accordance with the insurance program attached to the policy.

Usual terms of the contract- these are the conditions that are available in any contract and provided for by law in the event that the parties do not wish to establish anything else. This is information about the place of the conclusion of the contract, the form of the contract, the moment of its entry into force. As a rule, the contract comes into force from the moment the insurance premium is paid by the insured, unless otherwise provided in it.

The obligatory terms of the contract are prescribed by the parties for agreement by law. In insurance contracts, this is, for example, the sum insured, the start date of insurance coverage, etc.

The proactive terms are included in the contract at the request of the parties. The legislation is allowed to establish in the contract by mutual agreement any conditions that do not contradict the law, which contributes to the maximum consideration of the wishes of the parties.

Individual agreements in insurance contracts relate to an individual specific risk. Moreover, such an individual agreement always has advantages over the general content of the agreement. In practice, in such cases, it is recommended to use the following rule: the conditions developed on the basis of an individual agreement precede the standard conditions.

Along with the mandatory prescriptions and norms regarding insurance contracts contained in legislative acts, in the world insurance practice there is the concept of customary law, which is also important for the developing Russian insurance. Customary law is the so-called unwritten law, socially recognized and universally applied norms that are not included in any law due to their obviousness. For example, the following customary laws apply to insurance. The policyholder can trust the explanations of the agents of the insurance company regarding the content and scope of insurance coverage. An insurance broker, although he represents the interests of the policyholder, has the right to make claims against the insurance company regarding the payment of commissions to him, since it is the insurance company that pays for his work.

The procedure for concluding a contract... The conclusion of the contract is preceded by an agreement between the parties, which is achieved through negotiations. The basis for their initiation is an oral or written statement of the policyholder. A written statement is almost always used in a relationship with legal entities and more and more often - with individuals. It serves as the document on the basis of which the insurance company draws up an insurance contract, issues a certificate or policy.

The use of a written statement is convenient in that it allows the insurer to verify the circumstances of the case and only then accept or reject the client's application. The insurance contract in the presence of a written application comes into force through the notification of the applicant by the insurer that his application has been accepted.

During the negotiations preceding the conclusion of the contract, the insurance company is obliged to acquaint the policyholder with the terms of insurance. The policyholder, in turn, is obliged to provide the insurer with all the information necessary to assess the risk. In case of failure to provide the insurer with the specified information, he has every reason to refuse to conclude a contract.

Voluntary insurance contract - legal form serving the purpose of the formation of insurance funds of insurance organizations at the expense of the insured.

Insurance policy, or insurance certificate - a document of the established form, which is issued by the insurer to the policyholder (insured) and certifies the fact of the conclusion of the insurance contract.

The term of the insurance contract is the time stipulated by the insurance conditions, during which the insurer's insurance liability is valid, i.e. his duty to do insurance payment upon occurrence of an insured event. Distinguish between short-term insurance contracts, the duration of which does not exceed one year, and long-term insurance contracts, the duration of which is not less than one year.

Insurance contract

Voluntary insurance is carried out on the basis of an insurance contract, which must be concluded in writing. Along with the law "On the organization of insurance business in the Russian Federation", the legal norms governing the insurance contract are presented in Chapter 48 of the Civil Code of the Russian Federation.

An insurance contract is an agreement between the policyholder and the insurer. Under this agreement, the insurer undertakes to pay insurance payments to the policyholder in the event of an insured event, and the policyholder undertakes to pay insurance premiums on time.

Underwriting

The procedure for concluding an insurance contract is preceded by underwriting.

Underwriting Is the process of dividing potential policyholders into classes on the basis of an appropriate risk classification in order to assign them a suitable rate. The underwriter decides whether or not to accept the risk presented in the claim. It is customary to distinguish between individual and group underwriting procedures. Group underwriting evaluates group characteristics, demographic statistics and past losses. In individual underwriting, the policyholder must provide information confirming that his risk is suitable for insurance (for life or health insurance) or specific details regarding his property or car (for property or business insurance). In life insurance, the risk of the individual insured must be approved by the underwriter of the insurance company (this procedure can take a long time). It is common practice for the policyholder to fill out questionnaires containing questions about his lifestyle, smoking, health status of the policyholder himself and his family members. In case of life insurance for large sums, the insured is required to undergo a medical examination.

If the underwriter decides to take the risk for insurance, the next thing he needs to do is apply the correct premium rate. Premium rates assigned for each class of policyholders by the department of actuarial calculations. The role of the underwriter is to determine to which class a particular policyholder should be assigned. The insurance business cannot avoid some discrimination; otherwise, the resulting anti-selection will make insurance unaffordable for many. Anti-selection can occur when price categories are so wide that both favorable and unfavorable risks for the insurer are combined into one group, and the policyholders pay the same price for them. In such circumstances, for policyholders with high risks, insurance is more profitable because the price is lower than necessary to create an insurance fund, and for policyholders with insignificant risks, the price will be overpriced. Consequently, insurers with insignificant risks will not be interested in insurance on such conditions, since the transaction is not profitable for them. If only unfavorable risks are accepted for insurance, it will become very expensive. In order to prevent this market error from occurring, insurers should charge lower premium rates for small risks, that is, the insurance price should be differentiated.

The main purpose of the underwriter's work is to gain confidence that that the insurance premium assigned to each policyholder really reflects his risk, and therefore itself insurance operation is profitable.

The underwriting procedure consists of the following steps:

1st stage: make a risk assessment based on an insurance application or more detailed research;

2nd stage: decide whether to accept this risk for insurance;

3rd stage: offer the policyholder the most optimal option for both sides of the insurance conditions;

4th stage: calculate the insurance rate.

The underwriting procedure includes a risk assessment based on an insurance application or more detailed research. The legislation reserves the right of the insurer to independently assess the risk. This is necessary for deciding whether to accept this risk for insurance. Further, the insurer develops insurance conditions and calculates the insurance premium. Underwriting is an extremely responsible procedure in the activities of an insurance organization. The consequences of an underwriter's mistake in assessing risk can lead to an incorrect calculation of the insurance premium, and, consequently, to a loss-making operation (in the worst case, to the company's insolvency).

In some cases, the information contained in the insurance application is sufficient to conclude an insurance contract. But from the standpoint of the most accurate risk assessment, such an approach is considered risky for the insurer. If the information contained in the application is not enough to assess the risk, then the underwriter (a highly qualified specialist in the insurance business, who has the authority from the management of the insurance company to accept the proposed risks for insurance, determine tariff rates and specific terms of the insurance contract for these risks), based on norms insurance law and economic feasibility, has the right to request additional information from the policyholder.

Insurance statement

The procedure for concluding an insurance contract begins with filling out an insurance application form. An oral or written statement of the insured serves as the basis for the conclusion of the contract... Unlike Russian insurance practice abroad, a written application is required. Based on this application, the insurance company draws up an insurance contract, issues a certificate or policy.

The application has a standard form of an insurance organization and contains information necessary for the insurer to assess the risk of a potential client - applicant. The application form includes questions that allow you to characterize the risk at the time of the conclusion of the insurance contract.

The insurance statement is the main source of risk information and contains a number of clauses related to the risk profile. In some cases, the information contained in the insurance application is sufficient to conclude an insurance contract. But from the standpoint of the most accurate risk assessment, such an approach is risky for the insurer. If the information contained in the application is not enough to assess the risk, the insurer has the right to request additional information from the policyholder.

When filling out the application, the applicant must know that all the information provided by him will further act as the basis of the insurance contract. The applicant must be informed about the consequences of willful misrepresentation of data on his state of health. The first obligation of the future insured is to comply with one of the basic doctrines of the insurance business - the principle of the highest conscientiousness.

The policyholder, in turn, is obliged to provide the insurer with all the information necessary to assess the risk. In case of failure to provide the insurer with the specified information, he has every reason to refuse to conclude a contract.

This is because only the policyholder knows everything about their risks. The insurer only knows what he will be told. For a correct risk assessment, it is important to know all the essential circumstances
teli - circumstances of risk that are capable of influencing the decision of the insurance company to conclude an insurance contract or enter the corresponding agreed conditions in its content.

In accordance with this, the policyholder is obliged to provide truthfully and completely all the necessary information on the risk. This is called the principle of supreme integrity in insurance.

In order to ensure that it receives the necessary information, the insurer uses two methods:

• direct survey in the form of an application;
• introduction of a clause into the contract that the client must independently inform the insurer of the facts that are important for risk assessment.

Failure to comply with this condition gives the insurer a reason to refuse insurance coverage to the client. The obligation to disclose all material factors concerns the moment of the conclusion of the contract, since this is a long-term contract. In property insurance and liability insurance, this obligation exists not only at the time of the conclusion of the contract, but also when it is renewed after a year.

Generally Insurance companies are free to choose the form of the insurance application. The main thing is that this form matches the needs of the insurer. The decision on the structure and content of the documentation is in the competence of the underwriter, and then it is approved by the marketing service, the departments for maintaining contracts and processing claims. The final decision on the insurance application form remains with the insurance product development (construction) department.

It is necessary to determine how reasonable, relevant are the questions in the application, whether they are offensive to the policyholder, in addition, it is necessary to exclude the possibility of misinterpretation of the questions.

Traditionally, the statement is drafted in such a way as to identify all the details and aspects that are considered material in relation to the risks.

Each insurance company has its own view of the scope of the questions included in the application, which mainly depends on the balance between the needs of the underwriter and the marketing department. It is often a trade-off between wanting to get the most out of the information and the need to shorten the statement so that it doesn't scare off potential customers.

Insurance contract form

In accordance with Art. 940 an insurance contract can only be concluded in writing. The exception is compulsory state insurance contracts, where a written form is not required.

The forms of an insurance contract can be different: a contract signed by two parties, or an insurance policy (certificate, certificate, receipt) signed by the insurer and drawn up on the basis of a written or oral statement of the insured.

Bearer insurance policy

In accordance with Art. 930 Civil Code now it is possible for bearer policies to appear, which, although they are not, can circulate in the secondary market and thus play the role of an investment object. Insurers should, however, be careful when placing such policies among citizens, since clause 2 of the Decree of the President of the Russian Federation "On the Protection of Investors' Interests" of June 11, 1994 prohibits such activities without an appropriate license.

General policy

One of the types of policies, which is directly defined in the Civil Code as an insurance contract, is a general policy
(Article 941). Imagine a situation when it is required to systematically insure consignments of cargo, and the insurance conditions for different consignments are identical, and only the insurance object itself (the consignment is different each time) and the insured amount, and hence the payment, differ. For such cases, a general policy or general insurance contract has been developed, which defines all the conditions of insurance, except for the sum insured and payment. The insurance object in the general contract is described by general features, since at this stage it cannot yet be individually determined. The sum insured, payment and individual characteristics of the insurance object are determined by the policies or certificates that are issued for each batch.

The agreement between the insured and the insurer, expressed by the general policy, in most cases cannot contain all the essential conditions of the insurance contract, since the most important of them - the insured amount and the individual certainty of the insurance object - become known only for a specific batch of property.

The public nature of the personal insurance contract

Art. 927 of the Civil Code indicates that the personal insurance contract is public. This means that an insurer holding a license for any of the types is obliged to conclude this contract with anyone who turns to him "if possible"
(Article 426 of the Civil Code).

Insurance contract terms

Essential conditions are required for contracts of a certain type. The contract is considered concluded only if there is an agreement of the parties on all essential points. If at least one of the essential conditions of the parties did not come to an agreement, then the contract cannot be concluded.

Those terms of the agreement that are recognized as such in the relevant laws and regulations are considered material.

The Russian list of essential conditions is somewhat different.

Art. 942 Civil Code establishes four essential conditions of the insurance contract, three of which are common for property and personal insurance: the nature of the insured event; insurance amount; the term of the insurance contract. The fourth condition is necessary for property insurance: the property or property interest that is being insured. For personal insurance: the insured person.

It should be remembered that if an agreement is not reached between the parties on at least one of these conditions, the contract is considered not concluded.

An agreement in which there is no insurance amount is considered not concluded, since in accordance with Art. 942 ГК the sum insured relates to the essential terms of the insurance contract.

As a rule, the contract comes into force from the moment the insurance premium is paid by the insured, unless otherwise provided in it.

Individual agreements in insurance contracts relate to an individual specific risk. Moreover, such an individual agreement always has advantages over the general content of the agreement. In practice, in such cases, it is recommended to use the following rule: the conditions developed on the basis of an individual agreement precede the standard conditions.

Insurance rules

Obligation of insurance rules

In the Civil Code, the obligatory rules of insurance for the insurer are established by Art. 943. It gives the policyholder and the beneficiary the right to refer to the rules if there is a reference to them in the insurance contract. In addition, the parties are allowed to agree in the contract to amend certain provisions of the rules.

In order for the terms of the insurance rules to become binding on the other party to the contract (the insured and the beneficiary), this, firstly, must be established in the contract, and secondly, the rules must be an integral part of the contract. If they are only attached to the contract (policy), the fact of delivery of the rules to the policyholder must be recorded in the contract.

The standard insurance rules contain the following points:

1. General provisions (basic terms and definitions).
2. Insurance subjects (the circle of insurance subjects has been determined).
3. Insurance object (insurance objects are defined).
4. Insurance risks. Insured event (a list of insured events has been determined in which the insurer becomes liable for insurance payments, and exceptions are cases when the insurer is exempted from payment, that is, losses that are and are not subject to compensation. This paragraph also contains both basic and additional conditions).
5. Sum insured (procedure for determining the insured value of property and establishing the insured amount).
6. Insurance premium (insurance premium) (basic insurance rates, the procedure for paying the premium, the actions of the insurer if the insured event occurred before the next insurance premium is paid).
7. Conclusion, duration and termination of the insurance contract (i.e. the procedure for concluding the contract, conditions for its entry into force and termination, other requirements for the contract).
8. Consequences of changing the degree of risk.
9. Rights and obligations of the parties (insurer, policyholder, insured, beneficiary).
10. Determination and payment of insurance compensation (grounds for payment, form and time frame for filing a claim, terms for processing a claim and payment, determining the amount of payment, conditions, grounds for refusing to pay).
11. Changes and additions to the insurance contract.
12. Settlement of disputes.

The rules are accompanied by a table of basic and a sample insurance policy.

Insurance is a service that is growing in popularity in Russia every year. Russians insure property, life and health. People who do not have special knowledge have many questions related to the conclusion of an agreement, one of which is: "What conditions of the agreement are considered essential!" Let's try to figure it out together.

About essential conditions

Essential conditions are significant provisions that require the agreement of the parties entering into. If an agreement is not reached at least on one point, the agreement will not enter into force.

The policyholder and the insurer should agree on the following issues:

• • subject of the contract;
  • a number of conditions stipulated by law;
  • conditions set by one of the parties as significant.

Essential terms of the insurance contract

The most important clause of the contract that requires consideration and approval is the subject or object of insurance.

About the subject of the contract and other significant conditions

Determining the subject of the contract is one of the biggest problems in the. A feature of the issue related to the subject of insurance is the fact that there is no exact description of the concept of the subject of an insurance contract in the legislation. Therefore, when concluding an agreement, the concepts of subject and object are often confused, or provisions that are not related to the document are included, and so on.

Subject of insurance law

In principle, the subject of the contract is the activities of the insurer, which the policyholder pays for. That is, it is protection, which is essentially a product. A citizen, willing, life or health, buys this product. Hence we conclude: insurance coverage is the subject of the contract.

Article 942 of the Civil Code of the Russian Federation provides for a number of conditions, in addition to the subject, on which the interested parties need to reach agreement.

• ... The nature of the event and the occurrence of the insured event.
• Conditions considered material by one of the parties.
• Duration of the contract.
• The amount of monetary compensation and the procedure for the payment of funds.

The agreement is not valid without mutual agreement of the parties concerned on all of the above points.

Differences between property insurance and protection of personal interests

When protecting personal interests, the presence of the insured person is documented. But at the same time, it becomes necessary to agree on a personal intangible interest (life, health, honor, dignity, etc.), which must be described in the contract. Since it assumes the occurrence of cases of damage and harm to the main interest. You can consider the nuances using an example.

Accident insurance involves the description of the following points: the client's health, his life, or life and health together.

For example, according to, the object is the civil liability of the owner of the documented machine. But the agreement provides for a description of other characteristics of the object, for example: the service life of the car, the functionality of individual elements.

The objects indicated in the insurance of business risks intersect with the objects of property insurance and civil liability... This crossing resulted in serious restrictions for insured entrepreneurs.

Pros and Cons of Generic Definition

To understand what generic traits are, let's take an example. 5 blue mink coats are subject to insurance. Generic signs in this case are: 5 fur coats, blue mink. That is, exactly 5 fur coats (no more, no less) from a blue mink (not from a polar fox or brown mink) will be considered the insured object.

Generic signs of things are number, weight, measure, quality and other characteristics inherent in all objects of the same kind. It is important to know that property defined in this way is interchangeable.

Despite the fact that the division of things into individual and certain generic characteristics is considered classical and cannot be questioned, at present there is no concept of an individually defined thing in the Civil Code of the Russian Federation, and there are no rules regarding such a definition.

Nevertheless, the courts admit it is possible to agree on the terms of an object by indicating its generic characteristics. For example, it is quite legal to insure:

• tradable and in circulation goods;
• property, determining its location address;
• vehicles of the insured carrier, as well as drivers serving the vehicle and passengers.

The lack of an accurate formulation of generic characteristics when identifying the insured property can lead to serious complications that will negatively affect the conclusion of the contract.

How to correctly define an insured event

An event is called, which is described in detail in the contract, in the event of which the policyholder is paid a certain amount of money, or compensation.

An event covered by the document has the following signs:

• probability of occurrence (it may or may not happen);
• accident (it is impossible to establish in advance the possibility of an offensive);
• level of harmfulness (amount of damage).

An insured event is a life circumstance that does not depend on a person, his consciousness and will.

The event should be described taking into account the following aspects:

• hazards and exclusions;
• all types of damage and harm permissible in a particular case;
• causal relationships between hazard and harm, the description of which may differ depending on the contract.

For example, if the property is insured against the gulf, then the insurance will cover direct losses by reimbursing only the value of the property damaged by water.

If the property is not insured against a fire, during the extinguishing of which water got on things, burned things or those damaged by fire will not fall under the contract.

But if all causes of damage or loss of property caused by a fire are insured, then the compensation will be even if things are flooded with water when the fire is extinguished. This is considered to be coverage for consequential damages.

It can be seen from the example that upon the occurrence of a life circumstance fixed in the contract, only in the case of a well-described direct and indirect connection between danger and harm, the owner will receive the maximum amount of money as compensation.

How to avoid disputes when considering the provisions of the contract

Most often, they arise about the nature of the event that led to the insured event. For example: "The death or damage to the car during theft." The insurer refuses to pay compensation for the car that is stolen. At the same time, he is supported by the courts of appeal and cassation, drawing attention to the fact that only theft, and not the death and damage of the vehicle, has an evidence base.

But the theft can be viewed as a danger, and damage or loss of the vehicle - as harm. In the event of theft, the car does not always die or be damaged. It is enough to include the loss of a car in such an agreement, and all problems would be solved instantly.

The policyholder's mistake lies in the inattentive study of the contract, which was used by the unscrupulous insurer, having included an unfair condition in the document.

Amount and procedure for payment of monetary compensation

Regulations identified as relevant or necessary are material. Among them there is a description of the insurance premium and the procedure for payment of monetary amounts.

Contributions

Standard contracts have a special column in which the amount of the insurance premium is entered. An empty column allows you to recognize the contract as invalid, since an agreement by the parties regarding this clause has not been reached. As a last resort, you need to check the document for the possibility of a typo.

The procedure for receiving insurance payments

Contracts concluded in a non-standard form must contain a clause on the amount and procedure for paying the insurance premium. Any discrepancy is suspicious. This is due to the fact that there is no free insurance, for any purchased product, which is protection, you must pay a certain amount. The amount of the insurance premium is complete dependence on the amount of risk determined by the insurer.

Period and procedure for depositing funds

The exact date of depositing funds may not be determined documentarily, since according to clause 1 of Art. 957 of the Civil Code of the Russian Federation, the agreement will enter into force only from the moment the contribution is paid. After the insurance contract becomes effective, time ceases to have any legal significance, since the term for paying the premium is called the obligation to pay the insured amount.

The order of payment is less important than the amount of the premium, since without specifying the term for depositing funds, the contract can be recognized as valid.

Insurance indemnity: details of approval

The sum insured is the monetary compensation paid by the insurer. The insurer can limit the total amount by agreeing with the insured on an essential condition spelled out in the contract as a "liability limit".

It is extremely unprofitable for the policyholder, due to the fact that it is considered an indefinite term of the contract.

In the event of an automatic change in the amount of monetary compensation during the period of the contract, the policyholder can restore it by making the necessary additional payment. Changing the amount in automatic mode is possible when the size of the payment and the premium are fixed in currency or conventional units.

Foreign currency is used as a unit of account, and payments are made in rubles at the existing rate at the time of depositing funds.