Under a property insurance contract, one party (the insurer) undertakes to pay the contractual fee (insurance premium) upon the occurrence of the insured event compensate the other party (the insured) for the losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance indemnity) within the sum insured determined by the contract (Article 929 of the Civil Code of the Russian Federation).
The parties to the property insurance contract reach an agreement on the objects of property interests, on the objects of insurance, on insurance risks, sums insured, insurance premiums, as well as on the duration of the property insurance contract.
The objects of insurance include property interests related to:
possession, use and disposal of property (property insurance);
the obligation to compensate for the harm caused to other persons (civil liability insurance);
implementation entrepreneurial activity(insurance of business risks).
The objects of insurance can be: buildings, structures, construction in progress, transmission devices, power, working and other machines, equipment, inventory, products, raw materials, materials, goods, household property, exhibits and other types of property. The property interests of the insured are always associated with one of the above objects.
The main purpose of property insurance is to compensate for damage.
If the policyholder wants to insure his property against any risks, he provides a list of insurance objects.
According to article 930 of the Civil Code of the Russian Federation, property is insured under an insurance contract in favor of the insured or beneficiary who has an interest in the safety of the insured property.
The contract can be drawn up in any form and contain the necessary information and details.
There are the following property insurance contracts for individuals and legal entities in case of its loss (death), shortage or damage:
Objects of property insurance of individuals:
1. voluntary apartment insurance;
2. voluntary insurance country houses, dachas, garden houses;
3. voluntary vehicle insurance;
4. voluntary home property insurance;
Objects of insurance for legal entities:
1. voluntary insurance of funds land transport;
2. voluntary insurance of air transport means;
3. voluntary insurance of water transport means;
4. voluntary cargo insurance;
5. voluntary insurance of other types of property.
Attention should be paid to the main types of property insurance associated with the risk of loss (destruction), shortage or damage, these include: property fire insurance; property insurance against water damage; property insurance against theft; property insurance against natural disasters; accident property insurance; property insurance against technical risks.
The insurance contract provides for the procedure for fulfilling all the conditions specified in it on the evidence provided of the existence of an insured event, on the payment of the sum insured, on disputes that have arisen between the parties to the contract, and so on. The contract is fixed by the signatures of the parties, the head of the insurance company and the insured himself.
Cargo insurance is also one of the most common types of insurance and is a set of types of insurance that provide for the obligation of the insurer to pay insurance payments in the amount of full or partial compensation for damage caused to the object of insurance.
The object of insurance is the property interests of the insured person related to the possession, use, disposal of cargo, as a result of damage or destruction of cargo, regardless of the method of its transportation.
In world practice, cargo insurance has been widely developed, and when concluding international contracts became a prerequisite. In Russia today, only 10 percent of transported goods are insured, but the situation is changing rapidly.
Any legal and individuals who have entered into and are consignors or consignees. Who exactly concludes a cargo insurance contract - the seller or the buyer - depends on the terms of delivery.
The risk of loss of cargo, depending on the terms of the transaction, passes from the seller to the buyer:
When issuing cargo from the seller's warehouse;
Upon delivery of cargo to the carrier's warehouse;
When loading onto a vehicle;
When unloading at the destination.
To a greater extent, the risk of loss lies with the buyer, which means that he is primarily interested in insuring the cargo, but the insurance contract can also be concluded by the seller at the request of the buyer or with his consent, including insurance payments in the cost of the cargo.
An insurance contract can be concluded both for a single shipment of cargo, and for shipments carried out over a long period of time. Systematic insurance of different batches of homogeneous property under similar conditions for a certain period may, by agreement of the insurer and the insured, be carried out on the basis of one general insurance contract - a general policy (paragraph 1 of Article 941 of the Civil Code of the Russian Federation).
When concluding a cargo insurance contract, the essential conditions are:
Determining the property that is the object of insurance;
Determining the nature of the event, in case of which the insurance is carried out;
The amount of the sum insured;
The term of the insurance contract.
By decision of the insurance organization, the contract may be concluded with the inspection of the cargo and the preparation of its inventory. Depending on the type of cargo, the inventory lists the name and inventory number of the cargo, quantity, price, brand, year of issue, and total cost.
If necessary, the insurer may appoint an examination of the cargo in order to establish its actual value, since the sum insured should not exceed the actual value of the cargo (insurance value). The insured value of the cargo is its actual value at the location on the date of conclusion of the insurance contract.
The sum insured under the insurance contract must not exceed the actual value of the cargo. According to Article 951 of the Civil Code of the Russian Federation, an insurance contract is considered void to the extent that it exceeds the value of the property at the time of conclusion of the contract.
Neither the policyholder nor the insurer can dispute the insurance value specified in the insurance contract, unless the insurer is able to prove that he was deliberately misled by the policyholder.
The liability of the insurer begins from the moment when the goods are taken from the warehouse at the point of departure and continues throughout the entire carriage until the goods are delivered to the final destination specified in the contract.
The relationship between the insurer and the insured in the event of an insured event is determined in the following order. The insured is obliged to take all possible measures to save the cargo, as well as to ensure the right of the insurance organization to recourse to the guilty party. The policyholder must inform the insurer about the occurrence of an insured event within 24 hours, which, in turn, no later than three days after receiving the relevant documents, must begin to draw up an act and determine the amount of damage suffered by the policyholder.
In accordance with the concluded cargo insurance contracts, guarantees provided by insurance companies in the event of an insured event are divided according to the composition of the risks included in the contract:
Cargo insurance "Responsible for all risks". According to these terms and conditions of insurance, losses, expenses and contributions from general average, as well as losses from damage and total loss of all or part of the insured cargo, which occurred due to any reason of an accidental nature, are subject to compensation. The exceptions are military risks, exposure to radiation, intent and gross negligence of the insured, special properties and qualities of the cargo and other risks associated with the specifics of the cargo and its transportation.
Cargo insurance "With liability for private accident". Under the terms of insurance, losses are indemnified from damage or complete destruction of all or part of the cargo resulting from an explosion or fire, a crash or collision of vehicles, destruction of bridges, tunnels, other transport communications, loss vehicle missing, natural disasters and the like. The basic principle of this insurance condition is that only what is specified in the insurance contract is subject to protection, everything else is considered uninsured.
Cargo insurance "No liability for damage except in the event of a crash." In terms of the amount of liability, the conditions of this type of insurance practically coincide with the conditions of insurance “with liability for a private accident”. The difference lies in the fact that under the terms of insurance "with liability for a partial accident" losses are indemnified from damage or total loss of all or part of the cargo. And under the terms of insurance “without liability for damage, except in cases of a crash”, losses are indemnified only from the complete loss of all or part of the cargo.
By agreement of the parties, the cargo can be insured under other conditions, including against additional risks. When insuring, the experience of insuring other property, as well as international practice of cargo insurance, can be used.
Vehicle insurance is carried out in voluntary and before concluding a motor vehicle insurance contract with an insurance company, you need to familiarize yourself with its license, since insurance is a licensed type of activity. Particular attention should be paid to what specific type of insurance the insurer is entitled to carry out.
For some types of insurance, including vehicle insurance, insurers issue standard insurance rules containing the main insurance conditions, which should also be read before concluding a contract.
Note that when concluding an insurance contract, you should seek the help of qualified lawyers, since the insurance rules developed by insurers may have provisions that are contrary to law.
The main documents regulating insurance issues are the Civil Code of the Russian Federation and the Law of the Russian Federation No. 4015-1.
In accordance with Article 929 of the Civil Code of the Russian Federation, the parties to a property insurance contract are the insurer, policyholder or other person in whose favor the insurance contract is concluded (beneficiary). Essential conditions insurance contracts, according to which an agreement should be reached between the insurer and the insured, in accordance with Article 942 of the Civil Code of the Russian Federation, are:
determination of the property that is the object of insurance;
definition of an insured event;
Determination of the sum insured;
Establishing the term of the insurance contract.
Under a property insurance contract, the insurer undertakes, for the fee stipulated by the contract (insurance premium), upon the occurrence of an insured event provided for in the contract, to compensate the insured or another person (beneficiary) for the losses caused by the insured event, or losses in connection with other property interests of the insured within the sum insured defined by the agreement.
The scope of liability of the insurer in the insurance of motor vehicles is the losses caused by the loss or damage to the insured vehicles as a result of:
Accidents (collisions, collisions, rollovers, falls);
fire, explosion of the engine or fuel tank;
earthquakes, floods, hurricanes and other natural disasters;
· theft and theft of vehicles and other illegal actions of third parties.
An exception to the scope of the insurer's liability are losses resulting from:
Intention of the insured or other persons at whose disposal the vehicle was with the consent of the insured;
Rule violations fire safety or rules for the storage and transportation of flammable or explosive substances and objects;
Operation of faulty vehicles;
Driving vehicles by persons who do not have a driver's license, as well as persons who were intoxicated or under the influence of drugs.
In accordance with Article 930 of the Civil Code of the Russian Federation, property may be insured in favor of a person who has a legal or other legal act or contract interest in the preservation of the property. The insurance contract in the absence of the policyholder's interest in the preservation of the insured property is considered invalid. Thus, the basis for concluding a vehicle insurance contract is a document confirming the right to own a vehicle. If the policyholder is not the owner of the vehicle, he must present or a power of attorney for the right to drive the vehicle. The data of these documents are entered into the insurance contract.
The insurer, when concluding an insurance contract in accordance with Article 945 of the Civil Code of the Russian Federation, has the right to inspect the vehicle, and, if necessary, appoint an examination in order to establish its actual value.
The amount within which the insurer is obliged to pay insurance compensation upon the occurrence of an insured event, in accordance with Article 947 of the Civil Code of the Russian Federation, is determined by an agreement between the insured and the insurer, while the sum insured should not exceed the actual value of the insured property.
The main types of motor vehicle insurance are insurance of the vehicle itself, as well as insurance of additional equipment installed on the vehicle. In addition, it is possible to insure the life and health of the driver and passengers, as well as the driver's liability to third parties for causing harm to their life, health and property in the event of an insured event.
The insurance contract is concluded, as a rule, for one year, and enters into force in accordance with Article 957 of the Civil Code of the Russian Federation at the time of payment of the insurance premium or its first installment, however, the insurance contract may provide otherwise. Unless the contract provides for a different term for the entry into force of the agreement, the insurance covers insured events that occurred after the entry into force of the insurance agreement. From this article of the Civil Code it follows that the liability of the insurer comes from the moment of making Money by the insured to the cash desk of the insurer when paying in cash or from the moment the funds are received by the insurer.
Article 958 of the Civil Code of the Russian Federation provides for early termination of the contract if, after its entry into force, the possibility of an insured event has disappeared due to the loss of the insured property for reasons other than an insured event. In this case, the insurer is entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.
The policyholder has the right to voluntarily cancel the insurance contract, if by the time of cancellation the possibility of an insured event has not disappeared. In this case insurance premium paid to the insurer is non-refundable.
Upon the occurrence of an insured event, the insured, in accordance with Article 961 of the Civil Code of the Russian Federation, is obliged to immediately notify the insurer of its occurrence. The method of such notification and terms should be stipulated in the insurance contract.
For getting insurance compensation the following documents are submitted:
an insurance contract;
application in the form prescribed by the insurer;
In case of a traffic accident, a certificate from the traffic police prescribed form;
· in case of vehicle theft, a certificate from the Ministry of Internal Affairs, confirming the fact that the policyholder applied to the police about the vehicle theft;
certificate of registration of the vehicle;
insurance act drawn up by the insurer;
Estimate for repairs.
The estimate for the repair should include only those costs that are associated with the occurrence of an insured event. The contract or insurance rules should provide for who will make the estimate - the policyholder or the insurer.
Analyzing legal framework property insurance related to such type of property as motor vehicles, we note that all types of property insurance of vehicles are voluntary, with the exception of civil liability insurance of the owner of the vehicle, which is mandatory.
Main normative document, which determines the legal, economic and organizational foundations of compulsory insurance of civil liability of vehicle owners is the federal law dated April 25, 2002 No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners").
According to article 6 of the said law:
“The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from damage to life, health or property of the victims when using the vehicle in the territory Russian Federation».
The rules for compulsory insurance of civil liability of vehicle owners, approved by Decree of the Government of the Russian Federation of May 7, 2003 No. 263, determine the standard conditions in accordance with which a contract for compulsory insurance of civil liability of vehicle owners is concluded.
You can find more details about the above issues in the book of the authors of CJSC "BKR-INTERCOM-AUDIT" "Motor transport and transport services".
Learn more about questions related to order accounting and taxation of expenses under contracts voluntary insurance, you can find in the book of the authors of CJSC "BKR-INTERCOM-AUDIT" "Voluntary insurance as an expense".
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
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Plan
The economic content of property insurance lies in the organization of a special insurance fund intended to compensate for damage to its participants, which arose as a result of harm. The insured property may be property that is the property of the insured (member of the insurance fund), or that is in his possession, use and disposal. The insurers are not only the owners of the property, but also other legal entities and individuals who are responsible for its safety. The conditions for insuring someone else's and one's own property can vary significantly, which is reflected in the specific rules of insurance.
Property insurance, depending on the form of ownership and the category of insurers, is divided into insurance of property of citizens and organizations, insurance of buildings and fixed assets, vehicles, animals, crops and other types. Most common in Russian insurance market the following types of property insurance: agricultural, vehicle insurance, insurance of property of citizens, insurance of property of enterprises.
Insurance market . In the insurance market, in addition to state-owned insurance organizations, many joint-stock insurance companies operate, which, in a competitive struggle, try to attract policyholders by better service and cheaper services, that is, lower tariff rates of insurance premiums. Therefore, the conditions of insurance for certain types of property must meet the needs of insurers, both in terms of coverage of objects and a set of insurance risks. At the same time, insurers can increase or decrease tariff rates depending on insurance risk.
Payment terms insurance premium insured . The insured is given the right to pay the insurance premium at a time, as well as in installments. If the parties have agreed to pay the insurance premium in installments, that is, in installments, then the policyholder must pay the insurance premium for the first payment date immediately upon delivery of the insurance policy. In this case, the accumulated parts of the insurance premium are considered deferred until the agreed payment deadlines. In the event of an insured event during the validity period of the contract, the unpaid part of the insurance premium is deducted from the payment of insurance compensation.
grace period . Citizens who have insured home property or buildings, as well as vehicles for at least two years without a break, are given a grace period by insurers to conclude a new insurance contract for the corresponding type of property. The new agreement concluded in Grace period enters into force upon expiration of the previous agreement. If an insured event occurs during the grace period, and a new contract is not concluded, then the insurance indemnity is paid based on the insurance amount established under the previously valid contract, with the deduction of the annual fee.
Restrictions on damages . Losses in case of loss, damage or destruction of household property, as well as buildings and apartments, resulting from any kind of hostilities, terrorist acts, civil unrest, strikes, confiscation, seizure, destruction or damage to property by order of civil or military authorities are not compensated.
Citizens' property insurance is the most popular type of insurance along with the insurance of buildings and farm animals. Insurers conclude home property insurance contracts with citizens of the Russian Federation, as well as with permanent residents of the Russian Federation foreign citizens and stateless persons. In addition, insurance contracts can be concluded with enterprises in favor of their employees. Insurance contracts are valid only on the territory of the Russian Federation.
Articles made of precious metals, precious, semi-precious and semi-precious stones, as well as collections, paintings, unique and antique items are accepted for insurance under a special agreement, if there is a document evaluating their value. Under the same agreement, spare parts, parts and accessories for vehicles and other property stored in an individual garage, building materials located in a private household for individual housing construction. Under a special agreement, certain items of household property that are of the greatest value to the owner can be accepted for insurance.
When the policyholder changes his permanent place of residence, the household property moved in connection with this is considered insured at the new place of residence of the policyholder without reissuing the insurance policy before the end of the term, stipulated by the agreement. Items of property temporarily left at the former place of residence of the insured are considered insured only within ten days from the day the insured moves to a new place of residence. Household items are also considered insured for the duration of their transportation to a new permanent place residence within the territory of the Russian Federation.
Household property located in a dacha, in a summer garden house, as well as items of property of citizens who are on vacation or on a business trip, are not considered insured under an insurance contract concluded at the permanent place of residence of the insured. They can only be insured under a separate contract. Property that has been inherited by another person and located at the permanent place of residence of the insured is considered insured until the end of the contract. Property transferred to a person who does not live together with the insured is not considered insured.
Destruction or damage to property resulting from accidents caused by fire, explosion, being run over by a vehicle, falling tree or aircraft, an accident in the heating system, water supply or sewerage, water intrusion from neighboring premises, abduction, as well as illegal actions other persons associated with damage to property.
Under an insurance contract for all household property at a permanent place of residence, up to a certain sum insured below the actual value of all family property, it is possible to insure household items without breaking down into groups against all insured events. If the amount insured for home property insurance is high, then it is advisable to establish it by property groups, for example, furniture, video equipment, radio equipment, musical items, clothing. Such insurance contracts may be concluded with the liability of the insurer against all insured events or against individual risks.
Household property is not accepted for insurance if it is located in emergency buildings where habitation is prohibited. Household property located in a zone threatened by natural disasters, from the moment such a threat is declared in the prescribed manner or the competent authorities draw up an appropriate document confirming the fact of the threat, can be accepted for insurance, respectively, against all events, with the exception of the event, the threat of which is announced .
The exception is cases when the insurance contract is drawn up for a new period before the expiration of the previous contract. In this case, the sum insured under the new contract cannot exceed the amount of the sum insured established by the previous contract. When concluding an insurance contract, the policyholder pays the insured risk. Insurance premiums are set by the insurer at tariff rates, the amount of which depends
Under contracts concluded for a period of less than a year, contributions are paid at the rate of one twelfth of the annual fee for each month, with an incomplete month being paid as a full month. The sum insured is set at the request of the insured within the limits of the actual value of the property on the day of conclusion of the insurance contract. Collections, paintings, unique and antique items are accepted for insurance only in the amount of their actual value indicated in the relevant document issued by the competent organization.
If during the period of validity of the contract the insured wishes to increase the sum insured, then supplementary contract within the actual value of the property for the period remaining until the expiration of the main contract. The home property insurance contract is concluded on the basis of an oral or written application of the insured with or without inspection of the property, depending on the type of contract and the amount of the sum insured. When viewed in the presence of the insured, the compliance of the sum insured declared by him with the presence and actual value of household property is checked.
The insurance contract is concluded for a period of one year, unless otherwise provided by its terms. It comes into force of insurance premiums in cash from the next day after the payment of insurance premiums, by bank transfer - from the day the premiums are received on the account of the insurance organization. When concluding an agreement for a new term before the expiration of the previous agreement or renewal, the new agreement enters into force from the moment the previous agreement expires. The validity of the contract ends in a year or a contractual number of months after the expiration of the day preceding the date on which the contract entered into force.
The fact of the conclusion of the contract is certified by the issuance of an insurance policy after payment of the insurance premium in full or in part for the first term. If an insurance contract is concluded with an enterprise or organization in favor of their employees, then a single insurance policy is issued, to which a second copy of the list of employees is attached. The first copy of the list remains with the insurer.
Policyholders who have concluded an insurance contract for two or more years without interruption and have not received insurance compensation during this time, when concluding a new contract for a subsequent period, are entitled to a discount from the tariff rate. Those policyholders whose home property is located in apartments taken under protection by internal affairs bodies with the help of signaling devices are provided with an additional discount from the tariff rate for the risk of "abduction".
Mutual obligations of the parties and the procedure for payment of insurance compensation. Upon the occurrence of an insured event, the insured, and in his absence, an adult family member are obliged to take measures to prevent further damage to property and inform the relevant authorities, depending on the nature of the event (police, fire or emergency service), and also report this to the insurer within a day .
Upon receipt of an application for an insured event, the insurance organization issues a form to the policyholder or a member of his family for compiling a list of destroyed, damaged or stolen household property and explains the procedure for filling out this document. It is not allowed to include in the list of generalized names of groups of items (clothes, shoes, dishes, bedroom sets, books, linen). Each item included in the headset, set, set, set must be recorded in the list in a separate line with a detailed indication necessary information(material, color, size). The exception is homogeneous items of equal value that do not have special distinguishing features and can be entered in the list in a total amount, for example, sheets, pillowcases, tablespoons or chairs.
The list must be signed by the insured, and in his absence by an adult family member, and presented to the representative of the insurer upon his arrival at the place for drawing up an act on the destruction, damage or theft of the insured property. In addition, the policyholder is obliged to present to the representative of the insurer all damaged items or their remains.
In case of damage to any item, in order to determine the amount of damage caused, its actual value is reduced by the percentage of depreciation, that is, loss of quality and value as a result of an insured event. The resulting markdown amount of the item will be the amount of damage. If the damaged item will be restored by repair, then the cost of repairing this item is taken into account in the calculation of the damage.
When determining the amount of damage caused to the policyholder by the destruction or damage to household property as a result of an insured event, the costs of saving and putting it in order are taken into account. The amount of damage shall also include the cost of the examination, if it is deemed necessary. The amount of expenses for carrying out these works is calculated according to the current rates or tariffs established for payment to citizens of the relevant works and services.
For stolen individual items of household property insured under the contract against all insured events without specifying the sum insured by property groups, insurance compensation is paid in the amount of actual damage, but not more than 20% for each item of the sum insured under the insurance contract. In case of destruction or theft of the insured household property accepted by the transport organization for transportation as baggage with a declared value, the insurance indemnity is paid within the amount of the declared value of the baggage.
The procedure for determining the amount of damage and insurance compensation has its own characteristics, when the insured household property is simultaneously taken under protection in case of abduction by means of signaling by the internal affairs bodies. Insurance indemnity for stolen property is paid in the amount of actual damage within the sum insured minus the amount received by the insured from the internal affairs bodies. At the same time, the value of stolen items that were not considered insured are excluded from the amount paid by the internal affairs bodies: banknotes, valuable papers, icons and others.
If the policyholder, in order to increase the amount of the insurance indemnity, deliberately included in the list of property submitted to the insurer the property that was not actually destroyed, damaged or stolen, then the insurer, depending on the circumstances of the case, may decide to reduce the amount of the insurance indemnity due to 50%.
In case of initiation of a criminal case on the fact of destruction, damage or theft of household property, the payment of insurance compensation is made before the end of the preliminary investigation. The basis for the payment is confirmation by the investigating authorities of the fact of initiating a criminal case with an inventory of the destroyed, stolen and damaged items of household property.
If the defendant in a criminal case is an insured or a member of his family, the issue of paying or refusing to pay insurance compensation is decided after the insurance organization receives a court decision. The contract under which the insurance indemnity has been paid remains valid until the end of the period specified in the policy in the amount of the difference between the sum insured stipulated by the contract and the insurance indemnity paid out.
Insurance organizations have the right to refuse to pay insurance compensation if the insured, and in his absence, an adult family member, having the opportunity, did not report to the insurer in the prescribed manner and within the time limit about the destruction, damage or theft of the insured property. Such a decision to refuse to pay insurance compensation may be taken when, as a result of a violation of the established procedure, it is not possible to establish the fact and cause of the destruction, damage or loss of property or determine the amount of damage caused. In this case, if the deadline for submitting an application to the insurer falls on a weekend or holiday, then the last day of this term is considered the first working day after the weekend or holiday.
Can be insured under an insurance contract residential buildings, cottages, garden houses, outbuildings put in a permanent place, having walls and a roof, as well as apartments with all structural elements, decoration and equipment. The exception is dilapidated or destroyed buildings that cannot be used for economic purposes. Buildings located in areas threatened by collapses, landslides, floods or other natural disasters are not accepted for insurance, if this is announced in the prescribed manner. This restriction does not apply to cases where insurance is renewed for a new term before the expiration of the existing contract. Apartments that require overhaul or located in houses to be demolished.
The actual cost of buildings is determined in the regions based on actual construction costs or in relation to market value typical structure, taking into account wear. In those regions (oblasts, territories, republics) where there are developed appraisal norms for assessing buildings, adjusted for correction factors, taking into account the increase in prices for building materials, tariffs for their transportation and rates wages workers employed in construction, these rules apply. In this case, the actual cost of buildings is determined minus depreciation.
Under contracts concluded for a period of less than a year, contributions are paid at the rate of 1/12 of the annual fee for each month, with an incomplete month being paid as a full month. Insurance contracts for buildings or apartments located in a zone declared unfavorable due to the threat of a natural disaster may be renewed. The insurance amount of the renewed contract must not exceed the amount established by the previous contract. Insurance contracts for buildings and apartments are concluded for a period of one year.
Policyholders who have concluded building insurance contracts for two or more years without interruption and have not received insurance compensation during this time, when concluding a new contract for a subsequent period, are entitled to a discount from insurance rate. Upon the occurrence of an insured event, the policyholder, and in his absence an adult family member, must take measures to prevent further damage to the building or apartment and reduce the damage.
In case of complete destruction of a building or apartment, the insurance indemnity is paid in the amount of the sum insured established under the contract, minus the cost of the remains suitable for further use in construction, taking into account depreciation and depreciation. If the apartment is damaged, the insurance indemnity is calculated based on the cost of repairs, taking into account the percentage of depreciation specified in the contract, at the rates valid at the time of the insured event. If at the same time the premises are reconstructed, then the costs for it are not included in the amount of compensation.
If it is impossible to determine the insurance indemnity by applying the specific weights of individual parts of the structure, it is allowed to calculate the cost of repairs according to unit rates in force at the time of the insured event. When determining the amount of the cost of repairs by means of unit prices, the insurance indemnity is calculated taking into account the percentage of depreciation established at the conclusion of the contract.
In the event that a criminal case has been initiated on the fact of destruction or damage to a building or apartment, the payment of insurance compensation is made until the end of the preliminary investigation. The basis for the payment is confirmation by the investigating authorities of the fact that a criminal case has been initiated. In the event that the defendant in a criminal case is an insured or a member of his family, the issue of paying or refusing to pay insurance compensation is decided after the insurer receives a court verdict.
The commission of the reinsurer who has transferred the risk liability to the reinsurer for reinsurance is the part of the insurance premium retained by the reinsurer under the insurance contract, which falls on the share of the liability accepted by the reinsurer. The amount of the commission is set by agreement of the parties in the reinsurance contract, usually up to 25% of the premium accrued to the reinsurer and is intended to cover the corresponding share of the costs of doing business.
Bonus - this is the share of profit established by the reinsurance contract received by the reinsurer from participation in risk reinsurance, which is paid by him to the reinsurer for the opportunity to receive additional income and conducting business under an insurance contract. The amount of the bonus is set, as a rule, as a percentage of the profit based on the results of the passage of the reinsurance contract and is stipulated in it.
Income of the insurance company - reinsurer from the risks accepted for reinsurance is the sum of the insurance premium attributable to the share of liability for risks accepted for reinsurance under the reinsurance contract (minus the commission paid to the reinsurer) and the interest received accrued by the reinsurer on the depo (deposit) of premiums on risks accepted by the reinsurer for reinsurance. The reinsurance contract may provide for the creation by the reinsurer of a deposit of all or part of the reinsurer's insurance premium attributable to the risks accepted by him for reinsurance.
Calculate the amount of insurance payment and insurance compensation. The business entity insured its property for a period of one year with liability for burglary in the amount of 300 thousand rubles. The rate of the insurance tariff is 0.8% of the sum insured. The insurance contract provides for an unconditional deductible in the amount of 5,000 rubles, which provides a 4% discount to the tariff. The actual damage of the insured is 15 thousand rubles.
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Insurance as a relationship of united stakeholders of a vicious circle to form insurance funds and to compensate for possible losses in the event of insured events, analysis of types. general characteristics basic functions of insurance.
Property insurance and its forms.
Vehicle insurance.
Cargo insurance.
Citizens' property insurance.
Insurance of property of legal entities.
Agricultural insurance.
I. Property insurance and its forms.
Property insurance is a system of relations between the insured and the insurer for the protection of property interests related to the possession, use and disposal of property.
The economic purpose of this insurance is to compensate for damage caused by an insured event.
According to the Civil Code of the Russian Federation, property interests can be insured:
The risk of loss (destruction), shortage or damage to certain property.
The risk of liability for obligations arising as a result of causing harm to life, health or property of other persons.
The risk of losses from entrepreneurial activities due to a breach of their obligations by the counterparties of the entrepreneur or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur.
Property insurance covers:
the full cost of property damaged or lost as a result of an insured event or the cost of restoring damaged property;
income (or part thereof) that is not received by the insured due to damage or loss of property as a result of an insured event.
The insurer has the right to refuse payment if the policyholder has deliberately contributed to the unjustified receipt of the insurance payment.
The size sum insured, according to which the object is accepted for insurance, cannot exceed the actual value of the property. This value, fixed in the contract, is called insurance value.
Depending on the volume of insurance liability, property insurance is divided into 3 systems.
According to the principle of proportional (shared) responsibility.
It is used for partial insurance of the object, i.e. not at full price.
The insurance indemnity is paid in the amount of that part of the damage, which sum insured is in relation to the insured value of the property:
CB - the amount of insurance compensation;
Ss - the sum insured under the contract;
Y - the actual amount of damage;
Co - insurance assessment of the object (insurance value).
According to the principle of first risk liability.
It is used when it is difficult to determine the insurance value of the object.
The insurance indemnity is paid in the amount of damage, but within the limits of the established sum insured (first risk). Damage in excess of the sum insured is not indemnified (second risk).
Example: The car is insured for the amount of 50 thousand rubles. The damage caused to the car as a result of the accident amounted to 60 thousand rubles. Insurance compensation is equal to 50 thousand rubles.
According to the principle of ultimate responsibility.
It is used for insurance of large risks and income insurance.
Provides compensation for damages within firmly established boundaries. The release of the insurer from compensation for losses not exceeding a certain amount is called franchise. A minimum or maximum deductible reimbursement level is set.
The franchise is established:
in absolute amount;
as a percentage of the sum insured;
as a percentage of the damage.
Example: 1) When insuring income. If, as a result of an insured event, the level of income of the insured is less than the established limit, then the difference between the limit and the income actually received is subject to compensation.
2) When insuring crops, only 70% of the damage is indemnified.
In practice, there are:
Conditional franchise.
The insurer is released from indemnification of damage not exceeding the established deductible amount. Damage exceeding this level will be compensated in full.
Unconditional franchise.
The damage is reimbursed in the amount of its actual level minus the deductible amount.
II. Vehicle insurance.
Insurance of vehicles owned by citizens.
Conducted on a voluntary basis with citizens under 18 years of age. Foreign citizens and stateless persons permanently residing in Russia.
Accepted for insurance:
passenger cars, trucks, cargo-passenger cars;
buses, minibuses, including those with trailers;
tractors, including walk-behind tractors and mini-tractors;
motorcycles, scooters, motorized carriages, snowmobiles.
Cars that have not been registered with the traffic police are not accepted for insurance.
The main contract of the vehicle is concluded for a period of 1 year or from two to 11 months, additional - for the period remaining until the end of the main contract.
The contract of this type of insurance may be of the following nature:
auto hull when insurance compensation is offered for damage or loss of the vehicle itself;
auto-combi when the driver, passenger, luggage and additional equipment installed on the vehicle are insured simultaneously with the vehicle.
Vehicle insurance is carried out:
in case of abduction (theft, theft) - at the cost of the vehicle, taking into account wear and tear;
in case of destruction - at the cost of the vehicle, taking into account wear and tear, minus the cost of remnants suitable for use;
in case of damage - at the cost of repairs, taking into account the percentage of wear and tear and the cost of saving the vehicle and its transportation.
The policyholder may conclude a vehicle insurance contract against one or more insured events, as well as against all of the listed cases. Insurance against the risk of kidnapping (hijacking) is made only together with other risks for a period not exceeding 12 months.
The vehicle can be insured for any sum insured within the limits of its insured value. Tariff rates are set depending on the choice of the insured risk or group of risks, the period of operation of the car, type of transport, brand of car, driving experience of the insured.
Insurers also provide policies for:
1) With an aggregate sum insured (insurance with deductible losses). It provides discounts of 5-10%.
2) With a franchise. Releases the insurer from minor losses and reduces the cost of the policy up to 50%.
The insurer pays the insurance indemnity within the period specified in the contract after receiving all the necessary documents:
in the event of an accident - certificates from the traffic police;
in case of fire - the conclusion or a copy of the decision of the Fire Supervision;
in cases of theft of certain parts of the car - certificates from the police;
in the case of car theft - certificates and copies of the decision to suspend the criminal case from the investigating authorities.
The contract also establishes a certain percentage of payments from the sum insured in case of traumatic injuries, disability or death of the insured in the event of an accident.
Insurance indemnity is not paid if the policyholder:
committed intentional actions aimed at the occurrence of an insured event;
drove a vehicle under the influence of alcohol, drugs or toxic substances;
did not have documents for the right to drive;
did not present the damaged means of transport to the insurer;
reported knowingly false information about the insured event.
In the case of an insurance contract with the policyholder's own participation in compensation for damage (franchise) for a certain amount and the payment of a tariff payment, damage in the amount of the deductible is not reimbursed.
All disagreements arising under the insurance contract, as well as between the parties and persons guilty of the occurrence of an insured event, are considered in the prescribed manner by the judicial authorities.
2. Aircraft insurance (civil and non-civil aircraft).
The specifics of aviation insurance lies in the catastrophic nature of the risk. It is characterized by unprofitability for many insurers.
Primary insurers: commercial air carriers, operators engaged in many types of air operations, air taxi operators, flying clubs, aircraft factories, organizations involved in the sale and resale of aircraft equipment, private aircraft owners, industrial commercial companies with their own air transport services for the transport of personnel and cargo.
The object of insurance is property interest of the policyholder related to the safety of the aircraft - its hull, various parts, systems and equipment ( air hull).
Aircraft can be insured on the following terms:
"only from complete death";
from all risks.
Under the contract, the insurer is obliged to indemnify or reduce the amount of damage caused during the insurance period: during the flight, while taxiing, in the parking lot with the engine running.
The insurance policy usually includes the following conditions:
1) Missing aircraft (insurance compensation is paid if there is no information about it after takeoff for 15 days or more).
2) Forced landing and salvage expenses (expenses for take-off or transportation will be reimbursed).
3) The cost of repair, in case of damage due to an insured event.
4) Total loss of the aircraft.
In case of complete destruction (death), insurance compensation is paid in the amount of the full sum insured. When insuring "against all risks" - the amount of payments depends on the conditions and severity of the insured event. Damage due to wear, corrosion, structural defects, mechanical failure of individual parts of the vessel is not covered, unless such damage was the result of an insured event.
The sum insured at the conclusion of the contract may be specified within the value of the vessel at the time of the conclusion of the contract, without exceeding its actual value. An aircraft insurance contract usually provides for a franchise.
The cost of insurance depends on the professionalism of the flight and flight crew, the technical equipment of airports, the conditions for rest of crew members and other factors.
3. Marine ship insurance is the oldest type of property insurance.
Casco insurance - With ship insurance as a means of transport.
It provides insurance protection for shipowners and other persons related to the operation of ships in the event of:
damage to or loss of ships owned by them or otherwise legally associated with them;
causing other damage to their property interests in connection with the operation of ships.
Standard conditions distinguish two groups of risks:
1) Risks not related to the human factor, i.e. independent of the will of the shipowner. These are various navigational hazards: ship sinking in a storm, grounding, explosion, fire, piracy or bandit attack, deliberate throwing of property overboard, earthquakes, volcanic eruptions, lightning strikes, an accident during loading and unloading operations or bunkering, destruction of a ship that is potential source of environmental pollution by order of the authorities.
2) Risks related to the human factor that the shipowner could have prevented: explosion of boilers, breakage of shafts, hidden defects in equipment or hull, negligence of the crew, repairmen or charterers, fraud on the part of crew members, collision with aircraft, docks or port equipment.
If the shipowner proves that the loss was caused by one of the causes of the first group, then no further investigation is required. If the insured event is referred to the second group, then the losses will be compensated if the shipowner proves that there was no oversight or negligence on his part, on the part of the manager or senior employees of the shipowner's onshore apparatus. The captain, crew members or pilots are not included in this category and the consequences of their oversight or negligence are covered by insurance.
It is possible to include in the insurance contract:
1) War and strike risks. It operates automatically outside the high-risk areas, but an additional insurance premium is paid when ships enter dangerous areas.
2) Risk of loss of freight (sea freight charge). The shipowner's income not received as a result of the ship's emergency demurrage is compensated.
3) Increased costs.
The insurance premium rate is most often expressed as a percentage of the sum insured under the contract, but depends on the size and age of the vessel. When concluding contracts, a franchise is used. On the Russian market its size is about 5,000 US dollars for each insured event. In English, it reaches $50,000.
Property primarily refers to things, money, securities and other objects. Property should include any valuables, except for those that are insured under insurance contracts of other types. A property insurance contract can only be concluded in favor of an interested person who has legal grounds for this (clause 1, article 930 of the Civil Code of the Russian Federation). This interest arises from persons who own property by right of ownership, or from persons who are entrusted with the obligation to ensure the safety of this property. In accordance with paragraph 2 of Art. 930 of the Civil Code of the Russian Federation, a property insurance contract concluded if the insured or beneficiary has no interest in preserving the insured property will be invalid. Despite this, a property insurance contract can be concluded without specifying the name. In this case, the policyholder is issued an insurance policy to the bearer (Clause 3, Article 930 of the Civil Code of the Russian Federation) The following property interests may be insured under a property insurance contract:
1) the risk of loss (death), shortage or damage to certain property (Article 930 of the Civil Code of the Russian Federation);
2) the risk of liability for obligations arising from causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability (Articles 931, 932 of the Civil Code of the Russian Federation).
3) the risk of losses from entrepreneurial activities due to a breach of their obligations by the counterparties of the entrepreneur or a change in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving expected income - entrepreneurial risk (Article 933 of the Civil Code of the Russian Federation).
Under a business risk insurance contract, business risk can only be insured by the insured himself and only in his favor.
According to paragraph 2 of Art. 947 of the Civil Code of the Russian Federation when insuring property or business risk, unless otherwise provided by the insurance contract, the sum insured should not exceed their actual value.
- for property - its actual value at the location of the property at the time of conclusion of the insurance contract;
- for entrepreneurial risk - losses from entrepreneurial activities that the insured may incur in the event of an insured event.
Insurance indemnity under contracts is determined and paid in monetary terms. However, according to paragraph 4 of Art. 10 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation", the terms of the property insurance contract may provide for the replacement of insurance payment by compensation for damage in kind within the amount of insurance compensation.
The essential conditions of property insurance include:
- the amount of the sum insured;
- contract time;
– property or property interest that is the object of insurance;
- the nature of the event, in the event of which the insured event is insured.
To types property insurance in accordance with Art. 32.9 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" include:
1) insurance of means of land transport (except for means of railway transport);
2) insurance of railway vehicles;
3) air transport insurance;
4) insurance of means of water transport;
5) cargo insurance;
6) agricultural insurance (insurance of crops, agricultural crops, perennial plantings, animals);
7) property insurance of legal entities, with the exception of vehicles and agricultural insurance;
8) insurance of property of citizens with the exception of vehicles;
9) civil liability insurance of motor vehicle owners;
10) civil liability insurance of air transport owners;
11) insurance of civil liability of owners of water transport facilities;
12) insurance of civil liability of owners of railway vehicles;
13) civil liability insurance of organizations operating hazardous facilities;
14) insurance of civil liability for causing harm due to defects in goods, works, services;
15) civil liability insurance for causing harm to third parties;
16) civil liability insurance for non-fulfillment or improper fulfillment of obligations under the contract;
17) business risk insurance;
18) insurance of financial risks.
They can be combined into three main groups, such as property insurance (Article 930 of the Civil Code of the Russian Federation), insurance of civil liability (Articles 931, 932 of the Civil Code of the Russian Federation) and business risks (Articles 933, 967 of the Civil Code of the Russian Federation).
According to the classification of types of insurance, which the FFMS began to apply in the second half of 2012, "property insurance" has become almost a complete analogue of foreign "non-life" insurance, since absolutely all types of insurance, except for life insurance, were included in it. It is carried out mainly in the form of voluntary insurance, with the exception of state property leased. The insurers are any enterprises and organizations of various organizational and legal forms, as well as individuals.
Any part (group) of property can be insured under property insurance contracts. Legal entities and individuals can insure property both in its full assessment, i.e. at the actual, real value, and in a certain proportion. When insuring property, the sum insured may not exceed its actual value at the time of conclusion of the contract. The actual value of the property is most often understood as the replacement (book) value. The parties cannot dispute the insured value of the property specified in the insurance contract, unless the insurer proves that he was deliberately misled by the insured. If the sum insured determined by the insurance contract exceeds the insured value of the property, the contract is invalid by virtue of law in that part of the sum insured that exceeds the actual value of the property at the time of conclusion of the contract.
Property insurance contracts can be concluded for one year and for an indefinite period with an annual recalculation of the value of the property and the amount of annual payments. An agreement concluded for an indefinite period is considered extended for the next year, subject to the payment of a certain part (usually 20-25%) of insurance payments calculated for the next year before the end of the current year.
Double (sometimes called multiple) insurance refers to the insurance of the same property from different insurers for an amount exceeding its actual value. The law (Article 951 of the Civil Code of the Russian Federation) provides for an insurance contract to be void in the part that exceeds the insurance value. This provision is common to all types of property insurance.
The following rules apply to double insurance: If the policyholder insures already insured property with other insurance organizations, he must immediately inform the insurer in writing of information about other insurers and the sums insured.
The insurance terms and conditions provide for a list of insurance risks that determine various types of property insurance. The list of insured events is determined on the basis of two approaches (methods):
One of the conditions of property insurance is often the definition of a deductible - an unpaid part of the damage. The amount of the deductible is approximately equal to the cost of the insurer to determine the amount of damage. A franchise can be conditional or unconditional. The conditional franchise determines the unpaid part of the damage if the amount of damage is less than its value. If the amount of damage exceeds the size of the conditional deductible, then it is not taken into account when determining the amount of damage. An unconditional deductible determines the unpaid part of the damage, regardless of its size. The deductible is set as a percentage of the sum insured or in absolute terms.
In property insurance, when concluding an insurance contract not for the full value of the property, two systems of compensation for damage operate: the system of proportional compensation and the system of the first risk.
In property insurance, the principle of indemnity applies.
If the policyholder discovers the location of the lost property, he is obliged to immediately notify the insurer in writing. If the policyholder returns to his possession any previously lost property after he has received compensation for it in full from the value of this property, then the policyholder must return the compensation or place the property at the disposal of the insurer. If the policyholder must place at the disposal of the insurer the property received back, then he must transfer to the insurer the right of possession, ownership and other rights arising in relation to this property.
If the insurance contract, upon receipt by the insured of the insurance compensation, provides for abandonment, then the returned property becomes the property of the insurer.
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In the Russian Federation, the insurance industry, in which the object of insurance relations is property in various forms. The insured may be property that is the property of the insured or is in his possession, use or disposal. Financial vocabulary
PROPERTY INSURANCE Legal Encyclopedia
Law Dictionary
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Type of insurance B in which the object of insurance relations are interests related to the possession, use and disposal of property (Law of the Russian Federation of November 27, 1992 No. 4015 1 On the organization of insurance business in the Russian Federation). I.s.… … Law Encyclopedia
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