What kind of policy is Dr. Reso. VHI insurance for adults

On one of the forums dedicated to insurance issues, a question was posted: “I am a modest entrepreneur, I have a small gas station. When I say that it is “small”, it means that it is very small! I have only one fuel dispenser, and the fuel storage is a one and a half ton container dug into the sand.

Why should I pay for compulsory hazard insurance? production facilities(OSOPO), if in my case regular insurance is enough? The question sparked a lively discussion, highlighting the importance of the problem of compulsory health insurance among a certain segment of the population. In our article we will understand what OSOPO is, why it is needed and what its features are.

What are “Hazardous Production Facilities”?

HPFs are facilities where there is a possibility of an emergency situation causing harm to the health and life of third parties. The list of hazardous production organizations is regulated by Federal Law of the Russian Federation No. 255 “On compulsory insurance civil liability owner of a dangerous facility for causing harm as a result of an accident at a dangerous facility.” The text of the law can be found

We present this list in a slightly optimized form for ease of reading:

1. Warehouses, special closed and open storage facilities in which hazardous substances (HS) are stored.
2. Enterprises that use, process and transport hazardous substances (gas stations, fuel depots, oil storage facilities).
3. Enterprises where chemical agents are manufactured from non-hazardous components.
4. The premises of a production facility will be recognized as a hazardous production facility if it:

• Equipment operating at high pressure (more than 0.07 megapascal) is used.
• The production cycle uses highly heated liquids, gases, metals - more than 115 °C.
• Dangerous mechanisms and transport routes are used in production (a regular elevator in apartment building considered a dangerous mechanism).
• The work cycle of the facility involves underground work, as well as work at high altitude.
• Hydraulic engineering structures (dams, dikes, locks, berths, ship lifts).

Attention! 1) A hazardous substance is a material that can easily ignite, explode, has poisonous properties, is toxic when burned, and is hazardous to the environment. 2) An important indicator of the “danger” of a production mechanism will be the assessment of its suitability given by a specialist expert.

What determines the need for compulsory HIF insurance?

To understand the need for compulsory insurance of hazardous production facilities, you should familiarize yourself with the historical reasons for the emergence of this type of insurance.

On December 3, back in 1984, a large-scale accident occurred at the American plant of the Union Carbide company in the Indian city of Bhopal. A series of explosions occurred, after which fires started. In the first hours of the tragedy alone, thousands of people died - the total number of deaths was 18-22 thousand according to sources from American news agencies and 27 thousand according to Indian newsmakers.

These figures include workers who died from injuries, burns, and poisoning in the days following the disaster. Total The number of people affected by the accident - dead and survivors, workers and city residents - amounted to more than 600 thousand. Such a significant number of victims made the Indian accident the largest man-made disaster of the twentieth century.

The pressure of the Indian government on representatives of American industrial companies led to the emergence of a new type of insurance, which quickly spread throughout the world. Russian Federation from 1997 to 2010, it created all the necessary legal grounds for the full operation of this type of insurance in our country. The legislative framework is constantly updated and improved, creating convenient conditions for interaction for the Insurer and the Policyholder.

Features of HPO insurance

In this part of our article, we will look at the rules for concluding and terminating the “OSOPA Agreement”, what the “Insured Sum” is and how “Insurance Payments” are formed.

OSOPO Agreement

The main feature of the OSOPO agreement is its non-binding nature as a document. The contract plays a secondary role. Of primary importance is the insurance policy, which is issued to the Insured on the basis of an application written by him.

Regarding what type of dangerous object is insured, the Policyholder must provide the Insurer with a certain set of documents. For convenience, we display the list of required documents using a table:

Important! 1) The application and the insurance policy are integral parts of each other, they cannot be considered separately, they are a common part single document. 2) The OSOPO agreement can be concluded before the registration of the OPO by the Rostechnadzor authorities. 3) The list of required documents may vary depending on the regulations adopted by a particular Insurance Company (IC).

Features related to the conclusion, amendment and termination of a FOSO agreement

When concluding a FOSO agreement, it is important to consider the following: possible actions SK:

• Compulsory insurance dangerous objects involves the actions of the insurance company aimed at assessing insurance risk. Risk analysis can be carried out by the insurance company on its own or with the help of specialists specially engaged for this purpose. External experts must be employed by a special state or private company. The opinion of an “independent” expert working independently will not have legal significance.
• The insurance company has the right to demand from the Insured, Rostechnadzor or other supervisory authority information about the operation of the production facility.

When amending the OSOPO agreement, you need to know the following nuances:

• In the event of a serious change in conditions affecting the significance of the insurance risk, the Policyholder is obliged to notify the Insurer about this. This clause is mandatory for all insurance policies of this kind. This nuance should be understood both ways - the degree of insurance risk has increased, the degree of insurance risk has decreased. So, for example, if there is a threat of collapse at the mine, this will be considered an increased risk; if the mine was carried out major renovation– this will be considered a risk reduction.
• Actions related to the conditions of changes in insurance risks affect the amount of the insurance premium.

In most cases, termination of the FOSO agreement is carried out by the insurance company if the following conditions are met:

• At the initiative of the Policyholder. Termination of the contract in such cases is possible in the absence of claims by the Insurer against the Policyholder.
• At the initiative of the Insurer. The most common reason for such actions is late insurance payments. The criticality of the overdue period depends on the specific insurance system.
• By agreement of the parties.
• Termination of existence of the Policyholder (liquidation - for a legal entity, death - for an individual). This provision will not necessarily lead to the termination of the contract. In cases where new owner manages to notify the insurance company of its existence within the critical period, the contract can be continued. Naturally, the contract itself will be changed.
• A radical change in the status of the insured object. Insurance of hazardous production facilities loses its necessity if the insured facility is recognized as “non-hazardous”. This legal status is typical for closed or mothballed enterprises.

Sum insured

The insured amount is calculated in relation to the rules established on December 28, 2016 by Bank of Russia Regulation No. 574-P -

The amount of the insured amount depends on the number of injured people. The minimum is 10 million rubles, the maximum is 6.5 billion rubles. The law specifically stipulates sum insured, intended for injured coal industry workers. In more detail -

Important! Payment insurance premium It is considered by many ICs from the moment it is received into the company’s account, and not from the moment the banking transaction begins.

Insurance case

The actions of the Policyholder during the occurrence of an insured event may vary depending on the terms of the contract, but mainly they should be as follows:

• Every effort must be made to prevent an accident. It is impossible for an insured event to ripen like an egg in an incubator - the conditions conducive to the occurrence of an emergency situation must be eliminated in a timely manner.
• If third parties (not employees of the enterprise) were injured as a result of the accident, then the owner of the hazardous production facility is obliged to provide them with information about the Insurer (contact details).
• The policyholder is obliged to provide the Insurer with all information about the nature of the insured event: the time of the accident, the causes of the accident, the number of victims, possible damage to property.

Pool of Insurers

There are a certain number of Insurers who are entitled to HIF insurance. All of them are members of the NUSO (National Union of Liability Insurers) and have significant capitalization. The ten largest insurance companies as of 2014 are below in the table:

On January 1, 2012, Federal Law No. 225 “On compulsory liability insurance of the owner of a hazardous object” (OPO) came into force. It regulates the relations of legal entities and individual entrepreneurs and determines liability for causing harm to the life and health of victims as a result of an accident that occurred at any facility on the territory of the Russian Federation.

Prerequisites

Compulsory civil liability insurance for the owner of a dangerous facility was not introduced by chance. The cause was several major emergencies, which resulted in damage to people. The most notorious incident occurred on December 3, 1984 in Bhopal (India) at the Union Carbide enterprises. As a result of the explosion, 18 thousand people died, of which 3 thousand died on the spot, and the rest died in subsequent years. The total number of victims is 600 thousand people.

One of the consequences of such accidents was the introduction of insurance for hazardous objects. In the Russian Federation, until 2012, the process was regulated by Law No. 116 “On Industrial Safety of Hazardous Production Facilities.” A new regulation has now been introduced.

An object

The provisions of the law apply to:

• A dangerous production facility, the operation of which is at least partially carried out at the expense of public funds. These workplaces produce, process, transport and store hazardous substances. The equipment operates under excess pressure of steam, gas (0.07 MPa), water (115 C), and other liquids (0.07 MPa).
• Elevators and escalators in multi-storey buildings.
• Hydraulic structures (dams, power plants, tunnels, canals, locks, ship lifts, washout devices).
• Liquid fuel gas station.

Owners of such structures must take out insurance for hazardous facilities at their own expense for the entire period of their operation.

HIFs are divided into 4 types:

• extremely high hazard class;
• high level of danger;
• middle level;
• low-risk objects.

Consequences

In the absence of an agreement, the following measures are provided:

• a fine against the owner of a hazardous production facility in the amount of 300-500 thousand rubles;
• prohibition on operating the facility until the policy is issued;
• the possibility of presenting claims of a regression nature;
• transfer of part of the prize to the treasury of the Russian Federation.

Nuance

Let's take a closer look at the differences between laws No. 255 and No. 116 “On industrial safety of hazardous production facilities”:

• payment amounts were increased to 6.5 billion rubles;
• the maximum amount of compensation for one victim is 2 million rubles;
• the new law defines the term “accident” - this is an event after which an insured event occurs;
• money is paid after violation of living conditions;
• For each day of delay in payment of compensation, a penalty of 1% of the amount is provided.

Mandatory insurance of dangerous objects

The maximum damage from the accident in Russia is 100 billion rubles. in year. In this case, harm will be caused to the environment, businesses and individuals. OPO insurance can cover 30-40% of the damage. There are more than 230 thousand enterprises operating on the territory of the Russian Federation that pose a threat. All of them must insure liability for damage to health and property. The amount is calculated using special coefficients and depends on the object.

Despite the growth of the market, there are not many companies where you can actually obtain insurance for hazardous production facilities. But the law contributed to the opening of a new niche in the market. In 2012, the National Union of Insurers (NUU) was created, which controls the new direction, like the RSA. It includes 23 companies with experience in insuring industrial facilities.

Only participants with two years of experience in the market will be able to work in this segment voluntary insurance responsibility, having branches in at least 7 regions and a volume of funds of more than 1 billion rubles. The payment amounts are large, so most organizations will not bear such risks. The creation of the NSSO will also make it possible to avoid a situation where small market players who are not members of pools sell policies at a price lower than that regulated by law.

Differences

Compulsory insurance of dangerous objects has a number of features compared to other areas:

• The government has established uniform tariffs. Therefore, it is impossible to find an insurer who would offer special conditions for purchasing a policy.
• Only companies that are members of the NSSO can provide liability insurance for the owner of a hazardous production facility. There are only 40 of them. At the same time, insurers have the right to monitor the technical condition of objects.
• The agreement is concluded in relation to each object for a period of at least one year. An insurance policy is issued to confirm the transaction. It is issued on “orange” forms. They are pre-printed for NSSO members.

Insurance organization

The amount of compensation depends on the type of object. If the enterprise provides for the development of a safety declaration, then a scale of the possible number of victims is applied. So, for example, if more than three thousand people may be injured as a result of an accident, then the payment amount is 6.5 billion rubles:

• 1 billion rub. - up to 3 thousand people;
• RUB 0.5 billion - up to 1.5 thousand people;
• RUB 0.1 billion - up to 300 people;
• RUB 0.05 billion - up to 150 people;
• RUB 0.025 billion - up to 75 people;
• 10 million rubles – up to 10 people.

If a declaration is being developed, the amount of compensation is calculated according to the following conditions:

Insurance rates for all companies are approximately the same. They depend on the class of the object and range from 0.05-5% of the limit. The premium is paid in installments. The agreement comes into force from the moment the first payment is credited. In case of violation of payment terms by more than 30 days, the company may demand termination of the contract.

An insured event is the occurrence of civil liability for obligations that arose due to harm caused to victims, resulting in compensation. The case is recognized as such if:

• The damage was caused by an accident that occurred during the term of the contract. Damage caused to several victims is the result of one insured event.
• The accident took place at a hazardous production facility.

Sequencing

1. Owners of hazardous production facilities must identify objects.
2. Prepare data characterizing the maximum harm from the accident.
3. Objects registered before March 15, 2013 must be re-registered in order to assign them a hazard class.
4. Select a company and obtain liability insurance for dangerous objects.

To conclude a contract you must provide:

• statement;
• a copy of the registration certificate of the public organization;
• copies of ownership documents;
• information about the OPO.

Liability insurance for dangerous objects provides compensation for:

• individuals whose life and health were damaged;
• legal entities whose property was damaged.

Compensation

To receive payment, the victim must provide the insurer with:

• statement;
• passport (copy of constituent documents);
• documents certifying family ties with the victim or confirming the authority of persons at the enterprise where the accident occurred;
• an act or medical report confirming harm to life and health or property.

Insurance payment is made by cash or non-cash payment. The company is obliged to transfer funds or provide a reasoned refusal within 25 days from the moment the causes of the accident are established and the full package of documents is received.

Tariff changes

In July 2015, the Central Bank prepared a project to reduce tariffs by 2 times for most objects. The reason for the innovations is the imbalance of fees and payments. During the existence of the law, insurers receive billions, but pay very small amounts: 4-7% of annual premiums. But three years of history is not a long time to draw conclusions about the sufficiency of the tariffs, since the number of insurance cases is very small. Fortunately, accidents occur 2-3 times a year. The previously existing maximum payment limit of 6,500 million rubles, at the end of 2014, reached the level general fees. Insurance of dangerous objects is socially significant. Therefore, it was decided to reconsider the terms of the transactions.

On September 1, 2015, new tariffs for owners of hazardous production facilities came into force. The increase in premiums for mines and hydraulic structures was 1.5-2.5 times. But for owners of other properties the price was reduced. According to analysts, new instructions from the Central Bank will lead to a reduction in fees in 2016 to 3.5 billion rubles. Mandatory insurance of hazardous facilities is expensive for industrialists. Therefore, most of them were satisfied with such innovations.

Previously, the Ministry of Finance prepared amendments to the law to increase insurance amounts by 10 times for owners of certain categories of objects, for example, mines. But the project was not introduced. Therefore, tariffs were developed that are feasible for the real sector of the economy. Insurance of dangerous objects is not unprofitable. But this is more likely due to owners underestimating the number of accidents. Maximum payout is 3.5 billion rubles. But companies are not yet stable enough financial position to withstand two maximum payouts.

Statistics

As a result of innovations, fees will be halved in 2016 - to 3-3.2 billion rubles. The reason is not only tariffs, but also changes in safety factors (0.6-1.0). The maximum discount on insurance contracts is 40%.

Reinsurers mainly participate in transactions involving hydraulic facilities. Their innovations will practically not affect them. Objects with smaller limits are reinsured within the NSSO. There shouldn't be any problems there either. But for small companies, the profitability of transactions can become negative. Therefore, the pool capacity will change.

Every year, the NSSO collects information about which participants intend to continue working. As market structure changes, share major players growing. Thus, in 2014, the Top 5 companies owned 65% of assets, in 201 – 68%.

To operate in this segment, you need to incur fixed costs. First of all this membership fee. If they decrease, then managers calculate cost effectiveness. Now the volume of premiums may decrease due to changes in tariffs. Therefore, the issue of profitability will again become relevant.

In practice, there have already been cases where victims tried to recover amounts more than they were entitled to, but these are rare. And almost always the court sided with the insurer. In this type of service, all the nuances are spelled out in the law and the table for calculating tariffs. Therefore, clients' attempts to collect large amounts do not bring success.

Insurance of hazardous production facilities is mandatory type insurance in accordance with current legislation. Both dangerous stationary objects and those that transport cargo containing hazardous substances are subject to insurance. The operation of such facilities can lead to harm as a result of fires or accidents of a sanitary-epidemiological or environmental nature. Liability insurance for owners of hazardous facilities is relevant primarily for those legal entities that operate specific production facilities and sites in legally, which is confirmed by a set of permitting documents.

HPF insurance allows you to ensure the property interests of an organization acting as an insured to compensate for damage caused to property, health or life of third parties or the state of the environment. The insurer determines the amount of insurance payment, guided by the act of investigating the causes of the accident, court decisions and other materials containing data on the amount of damage caused.

On January 1, 2012, a new Federal Law No. 225-FZ “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility” (OPO). It should be noted that before this date, other conditions for insurance of this type of liability were in force, but since 2012, all dangerous objects must be insured in accordance with new standards. From April 1, 2012, all owners of dangerous objects who did not manage to conclude an insurance contract in accordance with the new law will be fined. Officials will be subject to a fine of up to 20 thousand rubles, legal entities up to 500 thousand rubles.

The risk of an accident at a hazardous facility is the basis for coverage under a hazardous industrial facility insurance policy. The wording of “accident” is clearly stated in the law. Accident - damage or destruction of structures of technical devices used at a hazardous facility, explosion, release of hazardous substances, failure or damage of technical devices, deviation from the technological process mode, discharge of water from a reservoir, liquid waste from industrial and agricultural organizations that arose during the operation of a hazardous facility and resulted in harm to the victims.

Insurance amounts and rules for insurance of dangerous objects.

Insurance amounts are established according to following rules: If The enterprise provides for the mandatory development of an industrial safety declaration at a dangerous object, then the following scale applies:

And if development of an industrial safety declaration is not provided, then the insured amount is determined based on the following conditions:

Basic conditions for insurance of hazardous production facilities:

Key points and basic conditions of the new law on liability insurance for the operation of hazardous facilities (HFO):

• The insured amount is not aggregate, i.e. for each insured event within the framework of one insurance contract, a payment equal to the insured amount can be made.
• Insurance rates from 0.02% to 4.94%.
• The responsibility for insurance lies with the owner of the dangerous object.
• The insurance covers damage to workers at a hazardous facility.
• The law sets a payment amount of 2 million rubles for each victim in the event of death as a result of an accident.
• Harm to the environment and the environment is not covered.
• Tariffs, amounts of insurance amounts, insurance rules, standard documents for insurance of hazardous production facilities are approved by the Government of the Russian Federation.
• The insurance contract for hazardous objects within the framework of 225-FZ is concluded only with an insurance company that has membership in the National Union of Liability Insurers (NULI) .
• All insurance companies involved in insuring hazardous objects have the same rates.
• The insurance contract is concluded on a single, specially designed form with protection against forgery.
• Hydraulic structures are also insured under 225-FZ.

Exclusions from insurance coverage have both a number of standard formulations and certain special clauses fixed in the law and insurance rules. Accidents that occur due to:

• exposure to radiation, nuclear explosion;
• military actions;
• civil unrest, strikes, civil war;
• sabotage and terrorist acts.

The insurer does not indemnify:

• damage caused to the property of the insured;
• harm caused to the property of the victim whose intentional actions caused an accident at a hazardous facility;
• losses that are lost profits, including losses associated with the loss commodity value property, as well as moral damage;
• harm to the natural environment;
• harm caused outside the territory of the Russian Federation.