Civil Code of the Russian Federation Chapter 48 Insurance. Civil Code of the Russian Federation
Chapter 48. Insurance
ConsultantPlus: Note.
On the issue concerning the organization of the insurance case in the Russian Federation, see the Law of the Russian Federation of 27.11.1992 N 4015-1.
Article 927. Voluntary and Mandatory Insurance
1. Insurance is carried out on the basis of property or personal insuranceconcluded by a citizen or legal entity (insured) with an insurance organization (insurer).
Personal insurance contract is a public contract (article 426).
2. In cases where the law on the persons specified in it imposes the obligation to insure the life, health or property of others or their civil liability to other persons at their own expense or by interested persons (mandatory insurance), insurance is carried out by concluding contracts In accordance with the rules of this chapter. For insurers, the conclusion of insurance contracts on the conditions proposed by the Insured is not mandatory.
3. The law may provide cases mandatory insurance Life, health and property of citizens at the expense of funds provided from the relevant budget (mandatory state insurance).
Article 928. Interests whose insurance is not allowed
1. Insurance of illegal interests is not allowed.
2. No losses are allowed from participating in games, lotteries and betting.
3. The costs of expenses are not allowed to be forced to exemplate hostages.
4. Conditions of insurance contracts that contradict paragraphs 1 - 3 this article, insignificant.
Article 929. Treaty of property insurance
1. Under the property insurance contract, one party (insurer) undertakes to the contract due to the contract (insurance premium) upon the occurrence of the event provided for in the contract ( insurance case) to refund the other party (insured) or another person in whose favor a contract (beneficiary) was concluded due to this event losses in the insured property or loss due to other property interests of the Insured (to pay insurance compensation) within a certain agreement amount (insurance amount ).
2. Under the Treaty of Property Insurance may, in particular, the following property interests are insured:
1) the risk of loss (death), shortage or damage of certain property (Article 930);
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 - risk civil responsibility (Articles 931 and 932);
3) the risk of damages from business activities Due to the violation of its obligations, the counterparties of the entrepreneur or the change in the conditions of this activity on the circumstances independent of the entrepreneur, including the risk of non-receipt of expected income - entrepreneurial risk (Article 933).
Article 930. Property Insurance
1. The property may be insured under an insurance contract in favor of the person (insured or beneficiary), which has a law based on the law, in other legal act or a contract for the preservation of this property.
2. The property insurance contract concluded in the absence of an insured or beneficiary of interest in preserving the insured property is invalid.
3. The property insurance contract in favor of the beneficiary can be concluded without specifying the name or name of the beneficiary (insurance "at the expense of whom it follows").
When concluding such a contract, the Insured is issued an insurance policy for a bearer. When implementing the policyholder or beneficiary of rights on such a contract, it is necessary to submit this policy to the insurer.
Article 931. Insurance of liability for causing harm
1. Under the risk insurance contract for obligations arising from causing harm to life, health or property of other persons, the risk of responsibility of the insured or other person, to which such responsibility may be assigned to be insured.
2. The person whose risk of responsibility for causing damage is insured, should be called in the insurance contract. If this face is not named in the contract, the risk of responsibility of the insurer is insured.
3. The responsibility risk insurance contract for harm is considered to be concluded in favor of those who can be harm (beneficiaries), even if the contract is concluded in favor of the insured or other person responsible for causing harm, or in the contract it is not said in whose favor concluded.
4. In the case when the responsibility for causing harm is insured due to the fact that its insurance is necessary, as well as in other cases provided for by law or the insurance contract of such responsibility, a person in favor of which the insurance contract is considered to be made directly to the insurer the requirement for Compensation of harm within the sum insured.
Article 932. Insurance of liability under the contract
1. Insurance of the risk of liability for violation of the contract is allowed in cases provided for by law.
2. Under the Risk Insurance Agreement for Violation of the Treaty, only the risk of responsibility of the insurer may be insured. The insurance contract that does not correspond to this requirement is negligible.
3. The risk of responsibility for violation of the contract is considered insured in favor of the party, in front of which, under the terms of this contract, the Insured must bear the appropriate responsibility, - the beneficiary, even if the insurance contract is concluded in favor of another person or is not said in it, he has been concluded in whose favor.
Article 933. Insurance of entrepreneurial risk
Under an entrepreneurial risk insurance contract, the entrepreneurial risk of only the insurer can be insured and only in his favor.
The entrepreneurial risk insurance contract is negligible.
An entrepreneurial risk insurance contract in favor of a person who is not a policyholder is considered prisoners in favor of the insured.
Article 934. Personal Insurance Agreement
1. According to the personal insurance contract, one party (insurer) undertakes to the contract due to the contract (insurance premium) paid by the other Party (by the Insurer), to pay at a time or paid periodically due to the Agreement (insurance amount) in case of harmfulness of the lifestyle or the health of the insured itself or Another citizen named in the contract (insured person), to achieve a certain age or the occurrence of a different event provided for by the agreement (insured).
The right to receive an insurance amount belongs to a person in whose favor a contract has been concluded.
2. Personal insurance contract is considered concluded in favor of the insured person if the contract is not named as a beneficiary another person. In the event of the death of a person insured under the Agreement, in which other beneficiary is not named, the beneficiaries are recognized by the heirs of the insured person.
Personal insurance contract in favor of a person who is not the insured person, including in favor of the insured person who is not the insured person, can be concluded only with the written consent of the insured person. In the absence of such a consent, the Agreement may be invalid on the claim of the insured person, and in the event of the death of this person, according to his heirs.
Article 935. Mandatory Insurance
1. The law on the persons mentioned in it may be entrusted to insure:
life, health or property of other persons defined in the law in case of harming their lives, health or property;
the risk of its civil liability, which may occur due to causing harm to life, health or property of other persons or violation of contracts with other persons.
2. The duty to insure your life or health can not be assigned to a citizen by law.
3. In cases provided for by law or in accordance with the procedure established by him, on legal entities who are in economic management or operational management of property, which is state or municipal property, may be charged with the obligation to insure this property.
4. In cases where the obligation of insurance does not follow out of the law, but is based on the contract, including the obligation of property insurance - on the contract with the property owner or on constituent documents legal entity, which is the owner of the property, such insurance is not mandatory in the sense of this article and does not entail the consequences provided for in Article 937 of this Code.
Article 936. Implementation of compulsory insurance
1. Compulsory insurance is carried out by concluding an insurance contract by a person who is entrusted with the obligation of such insurance (by the insured), with the insurer.
2. Compulsory insurance is carried out at the expense of the policyholder, with the exception of compulsory passenger insurance, which in cases provided by law can be carried out during their account.
3. Objects subject to mandatory insurance, the risks from which they must be insured and minimum dimensions Insurance sums are determined by law, and in the case provided for in paragraph 3 of Article 935 of this Code, the law or in the procedure established by them.
Article 937. Consequences of violation of the rules for mandatory insurance
1. A person in whose favor, according to the law, mandatory insurance should be implemented, has the right if he knows that insurance is not implemented, to require its implementation by the person who is entrusted with the responsibility of insurance.
2. If the person who is entrusted with the inspection obligation, did not fulfill it or entered into an insurance contract on the conditions worsening the position of the beneficiary compared with the conditions defined by the law, it is randomly responsible for the beneficiary on the same conditions on which To be paid insurance compensation with proper insurance.
3. Amounts, unreasonably saved by the face that the obligation of insurance is entrusted, due to the fact that it did not fulfill this duty or fulfilled it inappropriately, they are defended by the claim of state insurance supervision authorities in the income of the Russian Federation with accrual of interest in these amounts in accordance with the article 395 of this Code.
Article 938. Insurer
As insurers, insurance agreements may enter into legal entities that have permits (licenses) to carry out insurance of an appropriate view.
The requirements that insurance organizations must meet, the procedure for licensing their activities and the implementation of state supervision for this activity are determined by insurance laws.
Article 939. Implementation of obligations under the insurance contract by the insured and beneficiary
1. The conclusion of the insurance contract in favor of the beneficiary, including when they are the insured person, does not exempt the insured from the fulfillment of obligations under this contract, unless the contract is not provided for other or the responsibilities of the insured person, in whose favor a contract has been concluded.
2. The insurer has the right to demand from the beneficiary, including when the beneficiary is the insured person, the fulfillment of obligations under the insurance contract, including the duties lying on the Insured, but not fulfilled by it, upon presentation of the beneficiary to pay the payment insurance compensation Under the property insurance contract or the sum insured under the personal insurance contract. The risk of the consequences of non-fulfillment or late fulfillment of duties that should have been fulfilled earlier carrying the beneficiary.
Article 940. Form of insurance contract
1. The insurance contract must be concluded in writing.
Failure to comply with the written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance agreement (Article 969).
2. The insurance contract may be concluded by drawing up a single document (paragraph 2 of Article 434) or the insurer to the insurer on the basis of its written or oral statement of the insurance policy (certificate, certificate, receipt) signed by the Insurer.
In the latter case, the insurer's consent to conclude an agreement on the conditions proposed by the Insurer is confirmed by the first of the present paragraph of the documents specified in the insurer of the present paragraph.
3. The insurer at the conclusion of the insurance contract is entitled to apply standard forms of contract developed by him or union of insurers (insurance policy) separate species Insurance.
Article 941. Insurance by the General Policy
1. Systematic insurance of different batches of homogeneous property (goods, goods, etc.) under similar conditions during a certain period may be carried out by the Insurer Agreement with the insurer on the basis of one insurance contract - the General Police.
2. The policyholder is obliged in relation to each batch of property, subject to the general policy, to inform the insurer due to such a policy of information in the period provided for them, and if it is not envisaged, immediately upon receipt. The policyholder is not exempt from this duty, even if, by the time of such information, the possibility of damages to be reimbursed by the insurer has already passed.
3. At the request of the insured, the Insurer is obliged to issue insurance policies for individual batchs of property, subject to the general policy.
In case of inconsistency in the content of the insurance policy, the general policy preference is given to the insurance policy.
Article 942. The essential conditions of the insurance contract
1. When concluding a contract of property insurance between the insured and the insurer, an agreement must be reached:
1) on certain property or in other property interest, which is the object of insurance;
2) on the nature of the event, in case of the occurrence of which insurance (insured event) is carried out;
3) about the amount of the sum insured;
4) on the term of the contract.
2. When concluding a personal insurance contract between the insured and the insurer, an agreement should be reached:
1) about the insured person;
2) on the nature of the event, in case of the occurrence of which in the life of the insured person is insurance (insured);
3) about the amount of the sum insured;
4) on the term of the contract.
Article 943. Determination of the terms of insurance contract in the insurance rules
1. The conditions on which the insurance contract consists can be defined in the standard rules for insurance of the relevant type, adopted, approved or approved by the Insurer or the Union of Insurers (insurance rules).
2. The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are mandatory for the insured (beneficiary), if in the contract ( insurance Policy) It is directly indicated for the use of such rules and the rules themselves are set out in one document with the contract (insurance policy) or on its turning parties are either attached to it. In the latter case, the presentation of the insurance manager at the conclusion of the insurance contract must be certified by the recording in the contract.
3. When concluding an insurance contract, the insured and the insurer can agree on changing or excluding certain provisions of insurance rules and the complement of the rules.
4. The insured (beneficiary) has the right to refer to the protection of its interests on the rules of insurance of the relevant view, which is referenced in the insurance contract (insurance policy), even if these rules are not necessary for it for it.
Article 944. Information provided by the Insured when concluding an insurance contract
1. When concluding an insurance contract, the policyholder is obliged to inform the insurer to the insured circumstances that are essential to determine the probability of the occurrence of the insured event and the size of possible losses from its offensive ( insurance risk) If these circumstances are not known and should not be known to the insurer.
Significant are recognized in any case the circumstances definitely stipulated by the insurer in standard form Insurance contract (insurance policy) or in his written request.
2. If the insurance contract is concluded in the absence of the insured responses to any insurer's questions, the insurer cannot subsequently require the termination of the contract or recognizing it invalid on the grounds that the relevant circumstances were not reported by the insured.
3. If after the conclusion of the insurance contract it will be established that the insured person informed the insurer false information The circumstances referred to in paragraph 1 of this article, the Insurer is entitled to demand the recognition of an agreement by invalid and applying the consequences provided for in paragraph 2 of Article 179 of this Code.
The insurer cannot demand the recognition of an insurance contract invalid if the circumstances discollected by the insurer have already disappeared.
Article 945. Insurer's right to assess insurance risk
1. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and if necessary, appoint an examination to establish its actual value.
2. When concluding a personal insurance contract, the insurer has the right to conduct a survey of the insured person to assess the actual state of its health.
3. Assessing the insurance risk by the insurer on the basis of this article is not necessarily for the insured, which is entitled to prove otherwise.
Article 946. Secret Insurance
The insurer is not entitled to disclose the information about the policyholder, the insured person and the beneficiary, the state of their health as a result of their professional activities, as well as property These individuals. For violation of the secrecy of insurance, the insurer, depending on the kind of violated rights and the nature of the violation, is responsible in accordance with the rules provided for in Article 139 or Article 150 of this Code.
Article 947. Insurance amount
1. The amount, within which the insurer undertakes to pay the insurance indemnity under the property insurance contract or which it undertakes to pay the personal insurance contract ( insurance amount), is determined by the Insurer Agreement with the insurer in accordance with the rules provided for by this article.
2. In case of insurance of property or entrepreneurial risk, if the insurance contract is not provided otherwise, the insurance amount should not exceed their actual value (insurance cost). This cost is considered:
for the property, its valid cost at its location on the day of the conclusion of the insurance contract;
for the entrepreneurial risk, the losses from business activities, which the policyholder, as can be expected, would carry upon the occurrence of the insured event.
3. In personal insurance agreements and civil liability agreements, the insurance amount is determined by the parties at their discretion.
Article 948. Challenge the insurance cost of property
The insurance value of the property specified in the insurance contract cannot be subsequently challenged, except in the case when the insurer who has not extended to the conclusion of the contract by its right to assess insurance risk (paragraph 1 of Article 945), was deliberately misleading about this cost.
Article 949. Incomplete property insurance
If the insurance amount is established below the insurance cost in the insurance contract or entrepreneurial risk, the insurer at the occurrence of an insured event is obliged to compensate to the insured (beneficiary) part of the latter losses incurred in proportion to the ratio of the insurance amount to the insurance value.
The contract may be provided for a higher amount of insurance compensation, but not higher than the insured value.
Article 950. Additional Property Insurance
1. In the case when property or entrepreneurial risk is insured only in terms of insurance cost, the insured (beneficiary) is entitled to implement additional insurance, Including another insurer, but so that the overall insurance amount in all insurance contracts does not exceed the insurance value.
2. Failure to comply with the provisions of paragraph 1 of this article entails the consequences provided for in paragraph 4 of Article 951 of this Code.
Article 951. The consequences of insurance over the insured value
1. If the insurance amount specified in the property insurance contract or entrepreneurial risk exceeds the insurance value, the contract is insignificant in the part of the insurance amount that exceeds the insurance value.
Separed part of the insurance premium return in this case is not subject to.
2. If, in accordance with the insurance contract, the insurance premium is made in installments and by the time the circumstances referred to in paragraph 1 of this article, it is not fully incurred, the remaining insurance premiums must be paid in the amount reduced in proportion to a decrease in the amount of the sum insured.
3. If the overestimation of the sum insured in the insurance contract was a consequence of deception by the insured, the insurer is entitled to demand recognition of the contract by invalid and compensation for damages caused to him in the amount of the sum of the insurance premium they obtained from the policyholder.
4. The rules provided for in paragraphs 1 - 3 of this article are applied accordingly and in the case when the insurance amount exceeded the insurance cost as a result of the insurance of the same object in two or more insurers (double insurance).
The amount of insurance indemnity to be paid in this case by each of the insurers is reduced in proportion to the decrease in the initial sum insured on the relevant insurance contract.
Article 952. Property insurance from different insurance risks
1. Property and entrepreneurial risk can be insured against various insurance risks both in one and in individual insurance contracts, including under contracts with different insurers.
In these cases, it is allowed to exemplate the size of the overall sum insured for all insurance contracts.
2. If from two or several contracts concluded in accordance with paragraph 1 of this article follows the obligation of insurers to pay insurance compensation for the same consequences of the onset of the same insured event, the rules provided for by paragraph 4 apply to such contracts in the relevant part. Articles 951 of this Code.
Article 953. CONSTRUCTION
The object of insurance may be insured by one insurance contract with several insurers (composure). If the rights and obligations of each of the insurers are not identified in such a contract, they jointly respond to the insured (beneficiary) for the payment of insurance indemnity under the Treaty of Property Insurance or Insurance Amount under Personal Insurance Agreement.
Article 954. Insurance premium and insurance premiums
1. Under the insurance premium means a fee for insurance, which the insured (beneficiary) is obliged to pay the insurer in the manner and within the deadlines that are established by the insurance contract.
2. The insurer in determining the size of the insurance premium to be paid under the insurance contract is entitled to apply insurance ratesdefining a premium charged from an insurance amount, taking into account the insurance and nature of insurance risk.
ConsultantPlus: Note.
In accordance with the Law of the Russian Federation of 27.11.1992 N 4015-1, insurance rates for mandatory insurance are established in accordance with federal laws On specific types of compulsory insurance.
In accordance with law cases, the size of the insurance premium is determined in accordance with the insurance facilities established or regulated by state insurance supervisory authorities.
3. If the insurance contract provides for the introduction of an insurance premium in installments, the contracts may be determined by the consequences of non-payment deadlines Regular insurance premiums.
4. If the insured event has arrived before the order is paid insurance feeThe introduction of which is expired, the insurer has the right to determine the amount of insurance indemnity to be paid under the Treaty of Property Insurance or the Insurance amount under the personal insurance contract, to consider the amount of overdue insurance premium.
Article 955. Replacement of the insured person
1. In the case when the liability of the person else is insured under the risk insurance contract (article 931), the liability of the person is increasingly increasingly, the latter is entitled, unless otherwise provided by the contract, at any time before the insured event is to replace this person to others, notifying in writing This insurer.
2. The insured person called in the personal insurance contract can be replaced by the insured by another person only with the consent of the most insured person and the insurer.
Article 956. Replacing the beneficiary
The policyholder has the right to replace the beneficiary, named in the insurance contract, another person, notifying the insurer in writing. Replacing the beneficiary under the personal insurance contract, appointed with the consent of the insured person (paragraph 2 of Article 934), is allowed only with the consent of this person.
The beneficiary cannot be replaced by another person after he fulfilled any of the obligations under the insurance contract or presented the insurer the requirement for the payment of insurance compensation or the sum insured.
Article 957. The beginning of the insurance contract
1. Insurance agreement, if it does not provide for other, enters into force at the time of payment of the insurance premium or its first contribution.
2. Insurance, due to the insurance contract, applies to the insured cases that have occurred after the insurance contract entry into force, if the contract does not provide for a different life of the insurance.
Article 958. Early termination of the insurance contract
1. The insurance contract is terminated before the occurrence of the deadline for which it was concluded, if after its entry into force, the possibility of the occurrence of the insured event disappeared and the existence of insurance risk stopped in circumstances other than the insured event. To such circumstances, in particular, belong:
the death of the insured property for reasons other than the occurrence of the insured event;
termination in the established manner of entrepreneurial activity by the person who insured the entrepreneurial risk or risk of civil liability associated with this activity.
2. The insured (beneficiary) has the right to refuse to the insurance contract at any time, if by the time the possibility of the possibility of an insured event did not disappear according to the circumstances specified in paragraph 1 of this article.
3. In case of early termination of the insurance contract by the circumstances specified in paragraph 1 of this article, the Insurer has the right to part of the insurance premium in proportion to the time during which insurance was operating.
In case of early failure of the insured (beneficiary) from the insurance contract, the insurance premium paid by the Insurer is not refundable if the contract is not provided otherwise.
Article 959. The consequences of an increase in insurance risk during the term of the insurance contract
1. During the validity of the property insurance contract, the insured (beneficiary) is obliged to immediately inform the insurer about the most famous significant changes in the circumstances reported by the Insurer at the conclusion of the contract if these changes may significantly affect the increase in insurance risk.
In any case, the changes stipulated in the insurance contract (insurance policy) and in the insurance regulations transferred to the insurer.
2. The insurer, notified of the circumstances, entailing an increase in insurance risk, is entitled to demand the change in the conditions of insurance contract or paying an additional insurance premium in a commensurate increase in risk.
If the insured (beneficiary) objects to changing the conditions of insurance contract or surcharge of the insurance premium, the insurer has the right to demand termination of the contract in accordance with the rules provided for by Chapter 29 of this Code.
3. If the insured is not fulfilling or the beneficiary provided for in paragraph 1 of this article, the insurer is entitled to demand the termination of the insurance contract and compensation for damages caused by the termination of the contract (paragraph 5 of Article 453).
4. The insurer is not entitled to demand the termination of the insurance contract if circumstances that enhate an increase in insurance risk have already disappeared.
5. With personal insurance of the consequences of changes in the insurance risk during the period of the insurance contract, indicated in paragraphs 2 and 3 of this article may occur only if they are directly provided in the contract.
Article 960. Transition to the Insured Property to another person
In the transition of rights to the insured property on behalf of which the insurance contract was concluded, to another person and obligations on this contract, they transfer to the person to which the rights to property were transferred, except for cases of forced dissemination of property on the grounds specified in paragraph 2 Article 235 of this Code, and the refusal of ownership (Article 236).
The person who has passed the rights to the insured property must immediately notify the insurer about it.
Article 961. Notification of the insurer on the occurrence of the insured event
1. The insurer under the property insurance contract after it became aware of the occurrence of the insured event, it is obliged to immediately notify the advent of the insurer or his representative. If the contract provides for a period and (or) method of notification, it must be done at the extentual period and the method specified in the contract.
The same responsibility lies at the beneficiary, who is aware of the conclusion of the insurance contract in his favor, if he intends to take advantage of the right to insurance compensation.
2. The failure to fulfill the responsibility provided for in paragraph 1 of this article gives the Insurer the right to refuse to pay insurance compensation, if it does not be proven that the insurer did not know about the occurrence of an insured event or that the lack of information insurer did not have to affect his obligations to pay insurance compensation .
3. The rules stipulated by paragraphs 1 and 2 of this article are applied accordingly to the personal insurance contract if the insured event is the death of the insured person or causing harm to its health. At the same time, the notification of the insurer cannot be established by the contract cannot be less than thirty days.
Article 962. Reducing losses from the insured event
1. At the occurrence of the insured event provided for by the property insurance contract, the policyholder is obliged to take reasonable and affordable measures in the current circumstances in order to reduce possible losses.
Taking such measures, the insured must follow the instructions of the insurer if they are reported to the insured.
2. Costs in order to reduce damages to be reimbursed by the insurer if such expenses were necessary or were made to fulfill the instructions of the insurer, should be reimbursed by the insurer, even if the relevant measures were unsuccessful.
Such expenses are reimbursed in proportion to the ratio of the insured amount to the insurance value, regardless of what, together with the reimbursement of other losses, they may exceed the insurance amount.
3. The insurer is exempt from compensation for damages resulting from the fact that the insured person did not deliberately affect the reasonable and accessible measures to reduce possible losses.
Article 963. The consequences of the insured event due to the fault of the insurer, beneficiary or the insured person
1. The insurer is exempt from the payment of insurance indemnity or the sum insured if the insured event occurred as a result of the intention of the insured, the beneficiary or the insured person, except in the cases provided for in paragraphs 2 and 3 of this article.
The law may provide cases of exemption of the insurer from the payment of insurance compensation under property insurance agreements upon the occurrence of the insured event due to the coarse negligence of the insured or beneficiary.
2. The Insurer is not exempt from the payment of insurance compensation under the Civil Liability Insurance Treaty for causing harm to life or health, if the harm caused by the fault of the person responsible for him.
3. The insurer is not exempt from the payment of the sum insured, which under the personal insurance contract is subject to payment in the event of the death of the insured person if his death has come due to suicide and by this time the insurance contract has been accessed for at least two years.
Article 964. The foundation of the exhaustion of the insurer from the payment of insurance compensation and the sum insured
1. If the law or insurance contract does not provide for another, the insurer is exempt from the payment of insurance compensation and the sum insured, when the insured case has come due to:
exposure to nuclear explosion, radiation or radioactive infection;
hostilities, as well as maneuvers or other military events;
civil war, folk unrest of all kinds or strikes.
2. If the property insurance contract does not provide for another, the insurer is exempt from the payment of insurance indemnity for damages arising from the seizure, confiscation, props, arrest or the destruction of the insured property by order government agencies.
Article 965. Transition to the Insurer of the Insured Rights for Damage Compensation (Subrogation)
1. If the property insurance contract does not provide for another, to the insurer who paid insurance compensation, transfers within the amount paid, the right of claim, which the insured (beneficiary) has a person responsible for losses refunded as a result of insurance. However, the condition of the contract, excluding the transition to the insurer the right of claim to face, deliberately caused losses, insignificantly.
2. Requirements to the insurer, the right to claim is carried out by him in compliance with the rules regulating the relationship between the insured (beneficiary) and the person responsible for damages.
3. The insured (beneficiary) is obliged to transfer all documents and evidence to the insurer and inform him all the information necessary for the insurer who has passed the right to it.
4. If the policyholder (beneficiary) refused his right to claim a person responsible for the losses, reimbursed by the Insurer, or the implementation of this right became impossible due to the fault of the insurer (beneficiary), the insurer is exempt from the payment of insurance compensation completely or in the relevant part and has the right to demand a refund An unnecessarily paid amount of compensation.
Article 966 of the Civil Code of the Russian Federation (ed. 04.11.2007) of limitation According to the requirements arising from the risk insurance contract for obligations arising from causing harm to life, the health or property of other persons, it also applies to the requirements previously established by the Civil Code of the Russian Federation the time of the presentation of which has not expired until the day of entry into force of the Federal Law of 04.11.2007 N 251-FZ (Article 2 of the Federal Law of 04.11.2007 N 251-FZ).
Article 966. The claim for the requirements associated with property insurance
(as amended by Federal Law of 04.11.2007 N 251-FZ)
1. The limitation period for the requirements arising from the property insurance contract, with the exception of the liability risk insurance contract for obligations arising from the causing harm to the life, health or property of others, is two years.
2. The limitation period for the requirements arising from the liability risk insurance contract for obligations arising from causing harm to life, health or property of other persons is three years (Article 196).
Article 967. Reinsurance
1. The risk of payment of insurance compensation or the sum insured, adopted by the insurer under the insurance contract, may be insured in whole or in part from another insurer (insurers) on a concluded with the latest contract of reinsurance.
2. The rules stipulated by this chapter shall be applied to the reinsurance agreement to be applied to the insurance of entrepreneurial risk, if the reinsurance contract is not provided otherwise. At the same time, the insurer under the insurance contract (main agreement) concluded a reinsurance agreement, is considered in this last contract by the insured.
3. When reinsurance in charge of the insured by the main insurance contract for the payment of insurance compensation or the sum insured, the insurer remains under this contract.
4. A sequential conclusion of two or more reinsurance contracts is allowed.
Article 968. Mutual Insurance
1. Citizens and legal entities may insure their property and other property interests specified in paragraph 2 of Article 929 of this Code, on a mutual basis by combining the mutual insurance societies necessary for this.
2. Mutual insurance companies carry out insurance of property and other property interests of their members and are non-profit organizations.
Features legal status Mutual insurance societies and conditions for their activities are determined in accordance with this Code of Mutual Insurance.
3. The insurance of mutual insurance of property and property interests of its members is carried out directly on the basis of membership, if the constituent documents of the Company do not provide for the conclusion in these cases of insurance contracts.
The rules stipulated by this chapter apply to insurance relations between the society of mutual insurance and its members, unless otherwise provided by the Mutual Insurance Act.
(as amended by Federal Law of November 29, 2007 N 287-FZ)
(see text in the previous edition)
4. Implementation of mandatory insurance through mutual insurance is allowed in cases provided for by the Mutual Insurance Law.
5. It has lost strength. - Federal Law of 29.11.2007 N 287-FZ.
(see text in the previous edition)
Article 969. Mandatory State Insurance
1. In order to ensure the social interests of the citizens and the interests of the state, the law may establish mandatory state insurance of life, health and property of civil servants of certain categories.
Mandatory public insurance is carried out at the expense of funds allocated for these purposes from the relevant budget to ministries and other federal organs executive authorities (policyholders).
2. Compulsory public insurance is carried out directly on the basis of laws and other legal acts on such insurance with state insurance or other statements specified in these acts. state organizations (insurers) or on the basis of insurance contracts concluded in accordance with these acts by insurers and insurers.
3. Compulsory public insurance is paid for insurers in the amount determined by laws and other legal acts about such insurance.
4. The rules stipulated by this chapter apply to compulsory state insurance, unless otherwise provided by laws and other legal acts about such insurance and does not follow the essence of the relevant insurance relations.
Article 970. Application general rules About insurance K. special types Insurance
The rules provided for by this Head apply to insurance relationships foreign investment from non-profit risks, marine insurance, medical insurance, insurance bank deposits and pensions insuring inspection, since the laws about these types of insurance are not established otherwise.
1. Insurance is carried out on the basis of the contracts of property or personal insurance concluded by a citizen or legal entity (by the insurer) with ...
1. Insurance of illegal interests is not allowed. 2. No losses are allowed from participating in games, lotteries and betting. 3. Insurance is not allowed ...
1. Under the property insurance contract, one party (insurer) undertakes for a contractual fee (insurance premium) under the contract ...
1. The property may be insured under an insurance contract in favor of the person (insured or beneficiary), which has a law based on law, other legal ...
1. Under the Risk Insurance Agreement on the obligations arising from causing harm to life, health or property of others, maybe ...
1. Insurance of the risk of liability for violation of the contract is allowed in cases provided for by law. 2. Under the Risk Insurance Treaty for ...
Under an entrepreneurial risk insurance contract, the entrepreneurial risk of only the insurer can be insured and only in his favor. Contract ...
1. Under the personal insurance contract, one party (insurer) undertakes for a contractual fee (insurance premium) paid by the other party ...
1. The law on the persons specified in it may be entrusted to insure: life, health or property of others defined in the law in case of causing ...
1. Compulsory insurance is carried out by entering into an insurance contract by a person who is entrusted with the obligation of such insurance (by the insured), with ...
1. A person in whose favor by law must be made compulsory insurance, has the right if he knows that insurance is not implemented, to require ...
As insurers, insurance agreements may enter into legal entities that have permits (licenses) to carry out insurance of the relevant ...
1. Conclusion of an insurance contract in favor of the beneficiary, including when they are the insured person, does not relieve the insured from ...
1. The insurance contract must be concluded in writing. Failure to comply with the written form entails the invalidity of the insurance contract, except ...
1. Systematic insurance of different parties of homogeneous property (goods, goods, etc.) under similar conditions during a certain period may be by agreement ...
1. When concluding a contract of property insurance between the insured and the insurer, an agreement must be reached: 1) on certain property or ...
1. The conditions on which the insurance contract lies can be defined in the standard insurance rules of the relevant type adopted, approved or ...
1. When concluding an insurance contract, the policyholder is obliged to inform the insurer the circumstances that are essential for ...
1. At the conclusion of the property insurance contract, the Insurer has the right to inspect the insured property, and if necessary, appoint an examination for purposes ...
The insurer is not entitled to disclose the information about the insured person as a result of their professional activities and ...
1. The amount, within which the insurer undertakes to pay the insurance indemnity under the Treaty of Property Insurance or which it undertakes to pay the ...
The insurance value of the property indicated in the insurance contract cannot be subsequently challenged, except for the case when the insurer does not ...
If in the property insurance contract or business risk, the insurance amount is established below the insured value, the insurer at the occurrence ...
1. In the case when property or entrepreneurial risk is insured only in terms of insurance cost, the insured (beneficiary) is entitled to implement ...
1. If the insurance amount specified in the property insurance contract or entrepreneurial risk exceeds the insurance cost, the contract is insignificant in ...
1. Property and entrepreneurial risk can be insured against various insurance risks both in one and in individual insurance contracts, including ...
The object of insurance may be insured by one insurance contract with several insurers (composure). If in such a contract is not ...
1. Under the insurance premium means a fee for insurance, which the insured (beneficiary) is obliged to pay the insurer in the manner and within the deadlines that ...
1. In the case when under the Risk Insurance Agreement for Harm (Article 931), the responsibility of the person other than the insured is insured ...
The policyholder has the right to replace the beneficiary, named in the insurance contract, another person, notifying the insurer in writing. Replacing ...
1. Insurance agreement, if it does not provide for other, enters into force at the time of payment of the insurance premium or its first contribution. 2. Insurance due to ...
1. The insurance contract is terminated before the deadline for which he was concluded, if after its entry into force of the possibility of an insured event ...
1. During the validity period of the property insurance contract, the insured (beneficiary) is obliged to immediately report the insurer about the ...
When moving rights to the insured property on behalf of which the insurance contract was concluded, to another person and obligations on this contract ...
1. The insured under the Treaty of Property Insurance After it became aware of the occurrence of an insured event, it is obliged to immediately notify him ...
1. At the occurrence of an insured event provided for by the property insurance contract, the policyholder is obliged to take reasonable and affordable in the prevailing ...
1. The insurer is exempt from the payment of insurance compensation or the sum insured if the insured event came due to the intention of the insured, ...
1. If the law or insurance contract does not provide for another, the insurer is exempt from the payment of insurance compensation and the sum insured when the insurance ...
1. If the property insurance contract does not provide for other, to the insurer who paid insurance compensation, transfers within the amount paid ...
1. The limitation period for the requirements arising from the property insurance contract, with the exception of the liability risk insurance contract for ...
1. The risk of payment of insurance compensation or the sum insured, adopted by the insurer under the insurance contract may be insured completely or partially ...
1. Citizens and legal entities may insure their property and other property interests specified in paragraph 2 of Article 929 of this Code, on a mutual basis ...
1. In order to ensure the social interests of the citizens and the interests of the state, the law may be established by the mandatory state insurance of life, ...
The rules provided for by this Chapter apply to relations on foreign investment insurance against non-commercial risks, marine insurance, ...
Article 927. Voluntary and Mandatory Insurance
Note:
P. 1 Art. 929 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-FZ).
1. Insurance is carried out on the basis of the contracts of property or personal insurance concluded by a citizen or legal entity (by the insured) with an insurance organization (insurer).
Personal insurance contract is a public contract (article 426).
2. In cases where the law on the persons specified in it imposes the obligation to insure the life, health or property of others or their civil liability to other persons at their own expense or by interested persons (mandatory insurance), insurance is carried out by concluding contracts In accordance with the rules of this chapter. For insurers, the conclusion of insurance contracts on the conditions proposed by the Insured is not mandatory.
3. The law may provide cases of compulsory life insurance, health and property of citizens at the expense of funds provided from the relevant budget (mandatory state insurance).
Article 928. Interests whose insurance is not allowed
1. Insurance of illegal interests is not allowed.
2. No losses are allowed from participating in games, lotteries and betting.
3. The costs of expenses are not allowed to be forced to exemplate hostages.
4. Terms of insurance contracts that contradict paragraphs 1 - 3 of this article are negligible.
Article 929. Treaty of property insurance
Note:
Clause 1 of Article 929 does not apply to relations for insurance of export loans and investments from entrepreneurial and (or) political risks (Federal Law of 17.05.2007 N 82-FZ (ed. From 29.06.2015)). "
1. Under the property insurance contract, one party (insurer) undertakes for the contractual fee (insurance premium) due to the contract (insurance case) at the occurrence of an event (insured case) to compensate to the other party (insurer) or another person in whose favor of the contract (beneficiary) caused to As a result of this event, losses in the insured property or loss due to other property interests of the insured (to pay insurance compensation) within a certain agreement of the amount (sum insured).
2. Under the Treaty of Property Insurance may, in particular, the following property interests are insured:
1) the risk of loss (death), shortage or damage of certain property (Article 930);
2) the risk of liability for obligations arising from the cause of harm to life, health or property of other persons, and in cases provided by law, and liability under contracts - the risk of civil liability (Articles 931 and 932);
3) the risk of losses from entrepreneurial activity due to violation of their obligations to the counterparties of the entrepreneur or changes in the conditions of this activity on the circumstances independent of the entrepreneur, including the risk of non-receipt of expected income - entrepreneurial risk (Article 933).
Article 930. Property insurance
1. The property may be insured under an insurance contract in favor of the person (insured or beneficiary), which has a law based on the law, in other legal act or a contract for the preservation of this property.
2. The property insurance contract concluded in the absence of an insured or beneficiary of interest in preserving the insured property is invalid.
3. The property insurance contract in favor of the beneficiary can be concluded without specifying the name or name of the beneficiary (insurance "at the expense of whom it follows").
When concluding such a contract, the Insured is issued an insurance policy for a bearer. When implementing the policyholder or beneficiary of rights on such a contract, it is necessary to submit this policy to the insurer.
Article 931. Insurance of liability for harm
1. Under the risk insurance contract for obligations arising from causing harm to life, health or property of other persons, the risk of responsibility of the insured or other person, to which such responsibility may be assigned to be insured.
2. The person whose risk of responsibility for causing damage is insured, should be called in the insurance contract. If this face is not named in the contract, the risk of responsibility of the insurer is insured.
3. The responsibility risk insurance contract for harm is considered to be concluded in favor of those who can be harm (beneficiaries), even if the contract is concluded in favor of the insured or other person responsible for causing harm, or in the contract it is not said in whose favor concluded.
4. In the case when the responsibility for causing harm is insured due to the fact that its insurance is necessary, as well as in other cases provided for by law or the insurance contract of such responsibility, a person in favor of which the insurance contract is considered to be made directly to the insurer the requirement for Compensation of harm within the sum insured.
Article 932. Insurance of liability under the contract
1. Insurance of the risk of liability for violation of the contract is allowed in cases provided for by law.
2. Under the Risk Insurance Agreement for Violation of the Treaty, only the risk of responsibility of the insurer may be insured. The insurance contract that does not correspond to this requirement is negligible.
3. The risk of responsibility for violation of the contract is considered insured in favor of the party, in front of which, under the terms of this contract, the Insured must bear the appropriate responsibility, - the beneficiary, even if the insurance contract is concluded in favor of another person or is not said in it, he has been concluded in whose favor.
Article 933. Business Risk Insurance
Note:
Part 1 Art. 933 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-ФЗ).
Under an entrepreneurial risk insurance contract, the entrepreneurial risk of only the insurer can be insured and only in his favor.
The entrepreneurial risk insurance contract is negligible.
Note:
Part 3 of Art. 933 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-ФЗ).
An entrepreneurial risk insurance contract in favor of a person who is not a policyholder is considered prisoners in favor of the insured.
Article 934. Personal insurance contract
1. According to the personal insurance contract, one party (insurer) undertakes to the contract due to the contract (insurance premium) paid by the other Party (by the Insurer), to pay at a time or paid periodically due to the Agreement (insurance amount) in case of harmfulness of the lifestyle or the health of the insured itself or Another citizen named in the contract (insured person), to achieve a certain age or the occurrence of a different event provided for by the agreement (insured).
The right to receive an insurance amount belongs to a person in whose favor a contract has been concluded.
2. Personal insurance contract is considered concluded in favor of the insured person if the contract is not named as a beneficiary another person. In the event of the death of a person insured under the Agreement, in which other beneficiary is not named, the beneficiaries are recognized by the heirs of the insured person.
Personal insurance contract in favor of a person who is not the insured person, including in favor of the insured person who is not the insured person, can be concluded only with the written consent of the insured person. In the absence of such a consent, the Agreement may be invalid on the claim of the insured person, and in the event of the death of this person, according to his heirs.
Article 935. Compulsory insurance
1. The law on the persons mentioned in it may be entrusted to insure:
life, health or property of other persons defined in the law in case of harming their lives, health or property;
the risk of its civil liability, which may occur due to causing harm to life, health or property of other persons or violation of contracts with other persons.
2. The duty to insure your life or health can not be assigned to a citizen by law.
3. In cases provided for by law or in accordance with the procedure established by him, on legal entities who are in economic management or operational management of property, which is state or municipal property, may be charged with the obligation to insure this property.
4. In cases where the obligation of insurance does not follow out of the law, but is based on the contract, including the obligation of property insurance - on a contract with property owner or on a constituent document of a legal entity, which is the owner of the property, such insurance is not mandatory in the sense of this article. And does not entail the consequences provided for in Article 937 of this Code.
Article 936. Implementation of mandatory insurance
1. Compulsory insurance is carried out by concluding an insurance contract by a person who is entrusted with the obligation of such insurance (by the insured), with the insurer.
2. Compulsory insurance is carried out at the expense of the insured.
(as amended by Federal Law of 14.06.2012 N 78-FZ)
3. Objects subject to mandatory insurance, the risks from which they must be insured, and the minimum amounts of insurance amounts are determined by law, and in the case provided for by paragraph 3 of Article 935 of this Code, the law or in the procedure established by them.
Article 937. Consequences of violation of the rules on mandatory insurance
1. A person in whose favor, according to the law, mandatory insurance should be implemented, has the right if he knows that insurance is not implemented, to require its implementation by the person who is entrusted with the responsibility of insurance.
2. If the person who is entrusted with the inspection obligation, did not fulfill it or entered into an insurance contract on the conditions worsening the position of the beneficiary compared with the conditions defined by the law, it is randomly responsible for the beneficiary on the same conditions on which To be paid insurance compensation with proper insurance.
3. Amounts, unreasonably saved by the person who is entrusted with the obligation of insurance, due to the fact that it did not fulfill this duty or fulfilled it inappropriately, they are charged under the claim of state bodies supervising in the relevant field of activity, in the income of the Russian Federation with accrual on these Amounts of interest in accordance with Article 395 of this Code.
Note:
Art. 938 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-FZ).
Article 938. Insurer
As insurers, insurance agreements may enter into legal entities that have permits (licenses) to carry out insurance of an appropriate view.
The requirements that insurance organizations must meet, the procedure for licensing their activities and supervision of this activity are determined by insurance laws.
(as amended by Federal Law of 07/23/2013 N 251-FZ)
Article 939. Performance under the insurance contract by the insured and beneficiary
1. The conclusion of the insurance contract in favor of the beneficiary, including when they are the insured person, does not exempt the insured from the fulfillment of obligations under this contract, unless the contract is not provided for other or the responsibilities of the insured person, in whose favor a contract has been concluded.
2. The insurer has the right to demand from the beneficiary, including when the beneficiary is the insured person, fulfillment of obligations under the insurance contract, including the obligations under the insured, but not implemented by him, upon presentation of the beneficiary, the requirements for the payment of insurance compensation under the property insurance contract either the sum insured under the personal insurance contract. The risk of the consequences of non-fulfillment or late fulfillment of duties that should have been fulfilled earlier carrying the beneficiary.
Article 940. Form of the insurance contract
1. The insurance contract must be concluded in writing.
Failure to comply with the written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance agreement (Article 969).
2. The insurance contract may be concluded by drawing up a single document (paragraph 2 of Article 434) or the insurer to the insurer on the basis of its written or oral statement of the insurance policy (certificate, certificate, receipt) signed by the Insurer.
In the latter case, the insurer's consent to conclude an agreement on the conditions proposed by the Insurer is confirmed by the first of the present paragraph of the documents specified in the insurer of the present paragraph.
3. The insurer at the conclusion of the insurance contract has the right to apply standard forms of contracts developed by him or union of insurers (insurance policy) for certain types of insurance.
Article 941. Insurance by the General Police
1. Systematic insurance of different batches of homogeneous property (goods, goods, etc.) under similar conditions during a certain period may be carried out by the Insurer Agreement with the insurer on the basis of one insurance contract - the General Police.
2. The policyholder is obliged in relation to each batch of property, subject to the general policy, to inform the insurer due to such a policy of information in the period provided for them, and if it is not envisaged, immediately upon receipt. The policyholder is not exempt from this duty, even if, by the time of such information, the possibility of damages to be reimbursed by the insurer has already passed.
3. At the request of the insured, the Insurer is obliged to issue insurance policies for individual batchs of property, subject to the general policy.
In case of inconsistency in the content of the insurance policy, the general policy preference is given to the insurance policy.
Article 942. Substantial conditions of insurance contract
Note:
P. 1 Art. 942 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-FZ).
1. When concluding a contract of property insurance between the insured and the insurer, an agreement must be reached:
1) on certain property or in other property interest, which is the object of insurance;
2) on the nature of the event, in case of the occurrence of which insurance (insured event) is carried out;
3) about the amount of the sum insured;
4) on the term of the contract.
2. When concluding a personal insurance contract between the insured and the insurer, an agreement should be reached:
1) about the insured person;
2) on the nature of the event, in case of the occurrence of which in the life of the insured person is insurance (insured);
3) about the amount of the sum insured;
4) on the term of the contract.
Article 943. Determining the terms of the insurance contract in the insurance rules
1. The conditions on which the insurance contract consists can be defined in the standard rules for insurance of the relevant type, adopted, approved or approved by the Insurer or the Union of Insurers (insurance rules).
2. The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are mandatory for the insured (beneficiary), if in the contract (insurance policy) directly indicates the application of such rules and the rules themselves are set forth in one document with the contract ( Insurance policies) or on his turning side are either attached to it. In the latter case, the presentation of the insurance manager at the conclusion of the insurance contract must be certified by the recording in the contract.
Note:
P. 3 Art. 943 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-ФЗ).
3. When concluding an insurance contract, the insured and the insurer can agree on changing or excluding certain provisions of insurance rules and the complement of the rules.
4. The insured (beneficiary) has the right to refer to the protection of its interests on the rules of insurance of the relevant view, which is referenced in the insurance contract (insurance policy), even if these rules are not necessary for it for it.
Article 944. Information provided by the Insured when concluding an insurance contract
1. When concluding an insurance contract, the policyholder is obliged to inform the insurer to the insured circumstances that are essential to determine the probability of an insured event and the size of possible losses from its offensive (insurance risk) if these circumstances are not known and should not be known to the insurer.
In any case, circumstances defined by the insurer in the standard form of the insurance contract (insurance policy) or in his written request are significant.
Note:
P. 2 Art. 944 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-FZ).
2. If the insurance contract is concluded in the absence of the insured responses to any insurer's questions, the insurer cannot subsequently require the termination of the contract or recognizing it invalid on the grounds that the relevant circumstances were not reported by the insured.
Note:
P. 3 Art. 944 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-FZ).
3. If after the conclusion of the insurance contract it will be established that the insured person informed the insurer knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer is entitled to demand the recognition of an agreement by invalid and applying the consequences provided for in paragraph 2 of Article 179 of this Code.
The insurer cannot demand the recognition of an insurance contract invalid if the circumstances discollected by the insurer have already disappeared.
Article 945. Insurer's right to assess insurance risk
1. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and if necessary, appoint an examination to establish its actual value.
2. When concluding a personal insurance contract, the insurer has the right to conduct a survey of the insured person to assess the actual state of its health.
3. Assessing the insurance risk by the insurer on the basis of this article is not necessarily for the insured, which is entitled to prove otherwise.
Article 946. Secret insurance
The insurer is not entitled to disclose the information about the insured person and the beneficiary, the state of their health as a result of their professional activity, as well as the property situation of these persons. For violation of the secrecy of insurance, the insurer, depending on the kind of violated rights and the nature of the violation, is responsible in accordance with the rules provided for in Article 139 or Article 150 of this Code.
Article 947. Insurance amount
1. The amount, within which the insurer undertakes to pay the insurance indemnity under the property insurance contract or which it undertakes to pay under personal insurance (insurance amount), is determined by the Insured Agreement with the Insurer in accordance with the rules provided for in this article.
2. In case of insurance of property or entrepreneurial risk, if the insurance contract is not provided otherwise, the insurance amount should not exceed their actual value (insurance cost). This cost is considered:
for the property, its valid cost at its location on the day of the conclusion of the insurance contract;
for the entrepreneurial risk, the losses from business activities, which the policyholder, as can be expected, would carry upon the occurrence of the insured event.
3. In personal insurance agreements and civil liability agreements, the insurance amount is determined by the parties at their discretion.
Article 948. Challenging property
The insurance value of the property specified in the insurance contract cannot be subsequently challenged, except in the case when the insurer who has not extended to the conclusion of the contract by its right to assess insurance risk (paragraph 1 of Article 945), was deliberately misleading about this cost.
Article 949. Incomplete property insurance
If the insurance amount is established below the insurance cost in the insurance contract or entrepreneurial risk, the insurer at the occurrence of an insured event is obliged to compensate to the insured (beneficiary) part of the latter losses incurred in proportion to the ratio of the insurance amount to the insurance value.
The contract may be provided for a higher amount of insurance compensation, but not higher than the insured value.
Note:
Art. 950 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-FZ).
Article 950. Additional property insurance
1. In the case when the property or entrepreneurial risk is insured only in terms of insurance cost, the insured (beneficiary) has the right to carry out additional insurance, including another insurer, but so that the overall insurance amount for all insurance contracts does not exceed the insurance value.
2. Failure to comply with the provisions of paragraph 1 of this article entails the consequences provided for in paragraph 4 of Article 951 of this Code.
Article 951. The effects of insurance excessive cost
1. If the insurance amount specified in the property insurance contract or entrepreneurial risk exceeds the insurance value, the contract is insignificant in the part of the insurance amount that exceeds the insurance value.
Separed part of the insurance premium return in this case is not subject to.
2. If, in accordance with the insurance contract, the insurance premium is made in installments and by the time the circumstances referred to in paragraph 1 of this article, it is not fully incurred, the remaining insurance premiums must be paid in the amount reduced in proportion to a decrease in the amount of the sum insured.
3. If the overestimation of the sum insured in the insurance contract was a consequence of deception by the insured, the insurer is entitled to demand recognition of the contract by invalid and compensation for damages caused to him in the amount of the sum of the insurance premium they obtained from the policyholder.
4. The rules provided for in paragraphs 1 - 3 of this article are applied accordingly and in the case when the insurance amount exceeded the insurance cost as a result of the insurance of the same object in two or more insurers (double insurance).
The amount of insurance indemnity to be paid in this case by each of the insurers is reduced in proportion to the decrease in the initial sum insured on the relevant insurance contract.
Article 952. Property Insurance against Different Insurance Risks
1. Property and entrepreneurial risk can be insured against various insurance risks both in one and in individual insurance contracts, including under contracts with different insurers.
In these cases, it is allowed to exemplate the size of the overall sum insured for all insurance contracts.
2. If from two or several contracts concluded in accordance with paragraph 1 of this article follows the obligation of insurers to pay insurance compensation for the same consequences of the onset of the same insured event, the rules provided for by paragraph 4 apply to such contracts in the relevant part. Articles 951 of this Code.
Article 953. Corporation
The object of insurance may be insured by one insurance contract with several insurers (composure). If the rights and obligations of each of the insurers are not identified in such a contract, they jointly respond to the insured (beneficiary) for the payment of insurance indemnity under the Treaty of Property Insurance or Insurance Amount under Personal Insurance Agreement.
Article 954. Insurance Prize and Insurance Contributions
1. Under the insurance premium means a fee for insurance, which the insured (beneficiary) is obliged to pay the insurer in the manner and within the deadlines that are established by the insurance contract.
2. The insurer, when determining the size of the insurance premium, payable under the insurance contract, has the right to apply the insurance rates developed by it, which determine the award charged from the unit of the insured amount, taking into account the insurance and nature of insurance risk.
In the cases provided by law, the size of the insurance premium is determined in accordance with the insurance facilities established or regulated by insurance supervisory authorities.
(as amended by Federal Law of 07/23/2013 N 251-FZ)
3. If the insurance contract is envisaged to introduce an insurance premium in installments, the agreement may be determined by the consequences of non-payment in the established periods of regular insurance premiums.
4. If the insured event has arrived before paying the next insurance premium, the introduction of which is overdue, the insurer has the right to determine the amount of insurance compensation under the Treaty of Property Insurance or the Insurance amount under the personal insurance contract, to consider the amount of overdue insurance premium.
Article 955. Replacing the insured person
1. In the case when the liability of the person else is insured under the risk insurance contract (article 931), the liability of the person is increasingly increasingly, the latter is entitled, unless otherwise provided by the contract, at any time before the insured event is to replace this person to others, notifying in writing This insurer.
2. The insured person called in the personal insurance contract can be replaced by the insured by another person only with the consent of the most insured person and the insurer.
Note:
Art. 956 does not apply to the insurance of export loans and investments from entrepreneurial and political risks (FZ dated 17.05.2007 N 82-FZ).
Article 956. Replacing the beneficiary
The policyholder has the right to replace the beneficiary, named in the insurance contract, another person, notifying the insurer in writing. Replacing the beneficiary under the personal insurance contract, appointed with the consent of the insured person (paragraph 2 of Article 934), is allowed only with the consent of this person.
Note:
The prohibition provided by this standard cannot be distributed in cases where the replacement of the beneficiary occurs according to its own will according to the rules of chapter 24 of the Civil Code of the Russian Federation (a review of practice, approved by the Presidium Supreme Court RF 06/22/2016).
The beneficiary cannot be replaced by another person after he fulfilled any of the obligations under the insurance contract or presented the insurer the requirement for the payment of insurance compensation or the sum insured.
Article 957. The beginning of the insurance contract
1. Insurance agreement, if it does not provide for other, enters into force at the time of payment of the insurance premium or its first contribution.
2. Insurance, due to the insurance contract, applies to the insured cases that have occurred after the insurance contract entry into force, if the contract does not provide for a different life of the insurance.
Article 958. Early termination of the insurance contract
1. The insurance contract is terminated before the occurrence of the deadline for which it was concluded, if after its entry into force, the possibility of the occurrence of the insured event disappeared and the existence of insurance risk stopped in circumstances other than the insured event. To such circumstances, in particular, belong:
the death of the insured property for reasons other than the occurrence of the insured event;
termination in the established manner of entrepreneurial activity by the person who insured the entrepreneurial risk or risk of civil liability associated with this activity.
2. The insured (beneficiary) has the right to refuse to the insurance contract at any time, if by the time the possibility of the possibility of an insured event did not disappear according to the circumstances specified in paragraph 1 of this article.
3. In case of early termination of the insurance contract by the circumstances specified in paragraph 1 of this article, the Insurer has the right to part of the insurance premium in proportion to the time during which insurance was operating.
In case of early failure of the insured (beneficiary) from the insurance contract, the insurance premium paid by the Insurer is not refundable if the contract is not provided otherwise.
Article 959. The consequences of increasing insurance risk during the term of the insurance contract
1. During the validity of the property insurance contract, the insured (beneficiary) is obliged to immediately inform the insurer about the most famous significant changes in the circumstances reported by the Insurer at the conclusion of the contract if these changes may significantly affect the increase in insurance risk.
In any case, the changes stipulated in the insurance contract (insurance policy) and in the insurance regulations transferred to the insurer.
2. The insurer, notified of the circumstances, entailing an increase in insurance risk, is entitled to demand the change in the conditions of insurance contract or paying an additional insurance premium in a commensurate increase in risk.
If the insured (beneficiary) objects to changing the conditions of insurance contract or surcharge of the insurance premium, the insurer has the right to demand termination of the contract in accordance with the rules provided for by Chapter 29 of this Code.
3. If the insured is not fulfilling or the beneficiary provided for in paragraph 1 of this article, the insurer is entitled to demand the termination of the insurance contract and compensation for damages caused by the termination of the contract (paragraph 5 of Article 453).
4. The insurer is not entitled to demand the termination of the insurance contract if circumstances that enhate an increase in insurance risk have already disappeared.
5. With personal insurance of the consequences of changes in the insurance risk during the period of the insurance contract, indicated in paragraphs 2 and 3 of this article may occur only if they are directly provided in the contract.
Article 960. Transition rights to the insured property to another person
In the transition of rights to the insured property on behalf of which the insurance contract was concluded, to another person and obligations on this contract, they transfer to the person to which the rights to property were transferred, except for cases of forced dissemination of property on the grounds specified in paragraph 2 Article 235 of this Code, and the refusal of ownership (Article 236).
The person who has passed the rights to the insured property must immediately notify the insurer about it.
Article 961. Notification of the insurer on the occurrence of the insured event
1. The insurer under the property insurance contract after it became aware of the occurrence of the insured event, it is obliged to immediately notify the advent of the insurer or his representative. If the contract provides for a period and (or) method of notification, it must be done at the extentual period and the method specified in the contract.
The same responsibility lies at the beneficiary, who is aware of the conclusion of the insurance contract in his favor, if he intends to take advantage of the right to insurance compensation.
2. The failure to fulfill the responsibility provided for in paragraph 1 of this article gives the Insurer the right to refuse to pay insurance compensation, if it does not be proven that the insurer did not know about the occurrence of an insured event or that the lack of information insurer did not have to affect his obligations to pay insurance compensation .
3. The rules stipulated by paragraphs 1 and 2 of this article are applied accordingly to the personal insurance contract if the insured event is the death of the insured person or causing harm to its health. At the same time, the notification of the insurer cannot be established by the contract cannot be less than thirty days.
Article 962. Reduction of losses from the insured event
1. At the occurrence of the insured event provided for by the property insurance contract, the policyholder is obliged to take reasonable and affordable measures in the current circumstances in order to reduce possible losses.
Taking such measures, the insured must follow the instructions of the insurer if they are reported to the insured.
2. Costs in order to reduce damages to be reimbursed by the insurer if such expenses were necessary or were made to fulfill the instructions of the insurer, should be reimbursed by the insurer, even if the relevant measures were unsuccessful.
Such expenses are reimbursed in proportion to the ratio of the insured amount to the insurance value, regardless of what, together with the reimbursement of other losses, they may exceed the insurance amount.
3. The insurer is exempt from compensation for damages resulting from the fact that the insured person did not deliberately affect the reasonable and accessible measures to reduce possible losses.
Article 963. The consequences of the occurrence of the insured event due to the fault of the insurer, beneficiary or the insured person
1. The insurer is exempt from the payment of insurance indemnity or the sum insured if the insured event occurred as a result of the intention of the insured, the beneficiary or the insured person, except in the cases provided for in paragraphs 2 and 3 of this article.
The law may provide cases of exemption of the insurer from the payment of insurance compensation under property insurance agreements upon the occurrence of the insured event due to the coarse negligence of the insured or beneficiary.
2. The Insurer is not exempt from the payment of insurance compensation under the Civil Liability Insurance Treaty for causing harm to life or health, if the harm caused by the fault of the person responsible for him.
3. The insurer is not exempt from the payment of the sum insured, which under the personal insurance contract is subject to payment in the event of the death of the insured person if his death has come due to suicide and by this time the insurance contract has been accessed for at least two years.
Article 964. The founding of the release of the insurer from the payment of insurance compensation and the sum insured
1. If the law or insurance contract does not provide for another, the insurer is exempt from the payment of insurance compensation and the sum insured, when the insured case has come due to:
exposure to nuclear explosion, radiation or radioactive infection;
hostilities, as well as maneuvers or other military events;
civil war, folk unrest of all kinds or strikes.
2. If the property insurance contract does not provide for another, the insurer is exempt from the payment of insurance indemnity for damages arising from the removal, confiscation, details, arrest or destruction of the insured property by order of state bodies.
Article 965. Transition to the insurer of the Insured Rights for Damage Compensation (Subrogation)
1. If the property insurance contract does not provide for another, to the insurer who paid insurance compensation, transfers within the amount paid, the right of claim, which the insured (beneficiary) has a person responsible for losses refunded as a result of insurance. However, the condition of the contract, excluding the transition to the insurer the right of claim to face, deliberately caused losses, insignificantly.
2. Requirements to the insurer, the right to claim is carried out by him in compliance with the rules regulating the relationship between the insured (beneficiary) and the person responsible for damages.
3. The insured (beneficiary) is obliged to transfer all documents and evidence to the insurer and inform him all the information necessary for the insurer who has passed the right to it.
4. If the policyholder (beneficiary) refused his right to claim a person responsible for the losses, reimbursed by the Insurer, or the implementation of this right became impossible due to the fault of the insurer (beneficiary), the insurer is exempt from the payment of insurance compensation completely or in the relevant part and has the right to demand a refund An unnecessarily paid amount of compensation.
Article 966. Funding for the requirements associated with property insurance
(as amended by Federal Law of 04.11.2007 N 251-FZ)
1. The limitation period for the requirements arising from the property insurance contract, with the exception of the liability risk insurance contract for obligations arising from the causing harm to the life, health or property of others, is two years.
2. The limitation period for the requirements arising from the liability risk insurance contract for obligations arising from causing harm to life, health or property of other persons is three years (Article 196).
Article 967. Reinsurance
1. The risk of payment of insurance compensation or the sum insured, adopted by the insurer under the insurance contract, may be insured in whole or in part from another insurer (insurers) on a concluded with the latest contract of reinsurance.
2. The rules stipulated by this chapter shall be applied to the reinsurance agreement to be applied to the insurance of entrepreneurial risk, if the reinsurance contract is not provided otherwise. At the same time, the insurer under the insurance contract (main agreement) concluded a reinsurance agreement, is considered in this last contract by the insured.
3. When reinsurance in charge of the insured by the main insurance contract for the payment of insurance compensation or the sum insured, the insurer remains under this contract.
4. A sequential conclusion of two or more reinsurance contracts is allowed.
Article 968. Mutual insurance
1. Citizens and legal entities may insure their property and other property interests specified in paragraph 2 of Article 929 of this Code, on a mutual basis by combining the mutual insurance societies necessary for this.
2. Mutual insurance companies carry out insurance of property and other property interests of their members and are non-profit organizations.
The peculiarities of the legal status of mutual insurance societies and the conditions for their activities are determined in accordance with this Code of Mutual Insurance.
3. The insurance of mutual insurance of property and property interests of their members is carried out directly on the basis of membership, if the Company's Charter does not provide for the conclusion in these cases of insurance contracts.
(as amended by Federal Law of 23.05.2016 N 146-FZ)
The rules stipulated by this chapter apply to insurance relations between the society of mutual insurance and its members, unless otherwise provided by the Mutual Insurance Act.
(as amended by Federal Law of November 29, 2007 N 287-FZ)
4. Implementation of mandatory insurance through mutual insurance is allowed in cases provided for by the Mutual Insurance Law.
5. It has lost strength. - Federal Law of 29.11.2007 N 287-FZ.
Article 969. Mandatory state insurance
1. In order to ensure the social interests of the citizens and the interests of the state, the law may establish mandatory state insurance of life, health and property of civil servants of certain categories.
Mandatory public insurance is carried out at the expense of funds allocated for these purposes from the relevant budget to ministries and other federal executive bodies (insurers).
2. Compulsory public insurance is carried out directly on the basis of laws and other legal acts on such insurance by state insurance or other state organizations (insurers) or on the basis of insurance contracts in accordance with these acts by insurers and insurers.
3. Compulsory public insurance is paid for insurers in the amount determined by laws and other legal acts about such insurance.
4. The rules stipulated by this chapter apply to compulsory state insurance, unless otherwise provided by laws and other legal acts about such insurance and does not follow the essence of the relevant insurance relations.
Article 970. Application of general insurance rules for special types of insurance
The rules provided for by this chapter apply to foreign investment insurance relations from non-profit risks, marine insurance, health insurance, bank deposits insurance, pensions and insurance of export loans and investments from entrepreneurial and (or) political risks. In addition, since these species Insurance and federal law of May 17, 2007 N 82-FZ "On the Bank of Development" is not established otherwise.
Civil Code of the Russian Federation (Civil Code of the Russian Federation) of 01/26/1996 N 14-FZ - part 2
Chapter 48. Insurance
Article 927. Voluntary and Mandatory Insurance
1. Insurance is carried out on the basis of the contracts of property or personal insurance concluded by a citizen or legal entity (by the insured) with an insurance organization (insurer).
Personal insurance contract is a public contract (article 426).
2. In cases where the law on the persons specified in it imposes the obligation to insure the life, health or property of others or their civil liability to other persons at their own expense or by interested persons (mandatory insurance), insurance is carried out by concluding contracts In accordance with the rules of this chapter. For insurers, the conclusion of insurance contracts on the conditions proposed by the Insured is not mandatory.
3. The law may provide cases of compulsory life insurance, health and property of citizens at the expense of funds provided from the relevant budget (mandatory state insurance).
Article 928. Interests whose insurance is not allowed
1. Insurance of illegal interests is not allowed.
2. No losses are allowed from participating in games, lotteries and betting.
3. The costs of expenses are not allowed to be forced to exemplate hostages.
4. Terms of insurance contracts that contradict paragraphs 1 - 3 of this article are negligible.
Article 929. Treaty of property insurance
1. Under the property insurance contract, one party (insurer) undertakes for the contractual fee (insurance premium) due to the contract (insurance case) at the occurrence of an event (insured case) to compensate to the other party (insurer) or another person in whose favor of the contract (beneficiary) caused to As a result of this event, losses in the insured property or loss due to other property interests of the insured (to pay insurance compensation) within a certain agreement of the amount (sum insured).
2. Under the Treaty of Property Insurance may, in particular, the following property interests are insured:
1) the risk of loss (death), shortage or damage of certain property (Article 930);
2) the risk of liability for obligations arising from the cause of harm to life, health or property of other persons, and in cases provided by law, and liability under contracts - the risk of civil liability (Articles 931 and 932);
3) the risk of losses from entrepreneurial activity due to violation of their obligations to the counterparties of the entrepreneur or changes in the conditions of this activity on the circumstances independent of the entrepreneur, including the risk of non-receipt of expected income - entrepreneurial risk (Article 933).
Article 930. Property Insurance
1. The property may be insured under an insurance contract in favor of the person (insured or beneficiary), which has a law based on the law, in other legal act or a contract for the preservation of this property.
2. The property insurance contract concluded in the absence of an insured or beneficiary of interest in preserving the insured property is invalid.
3. The property insurance contract in favor of the beneficiary can be concluded without specifying the name or name of the beneficiary (insurance "at the expense of whom it follows").
When concluding such a contract, the Insured is issued an insurance policy for a bearer. When implementing the policyholder or beneficiary of rights on such a contract, it is necessary to submit this policy to the insurer.
Article 931. Insurance of liability for causing harm
1. Under the risk insurance contract for obligations arising from causing harm to life, health or property of other persons, the risk of responsibility of the insured or other person, to which such responsibility may be assigned to be insured.
2. The person whose risk of responsibility for causing damage is insured, should be called in the insurance contract. If this face is not named in the contract, the risk of responsibility of the insurer is insured.
3. The responsibility risk insurance contract for harm is considered to be concluded in favor of those who can be harm (beneficiaries), even if the contract is concluded in favor of the insured or other person responsible for causing harm, or in the contract it is not said in whose favor concluded.
4. In the case when the responsibility for causing harm is insured due to the fact that its insurance is necessary, as well as in other cases provided for by law or the insurance contract of such responsibility, a person in favor of which the insurance contract is considered to be made directly to the insurer the requirement for Compensation of harm within the sum insured.
Article 932. Insurance of liability under the contract
1. Insurance of the risk of liability for violation of the contract is allowed in cases provided for by law.
2. Under the Risk Insurance Agreement for Violation of the Treaty, only the risk of responsibility of the insurer may be insured. The insurance contract that does not correspond to this requirement is negligible.
3. The risk of responsibility for violation of the contract is considered insured in favor of the party, in front of which, under the terms of this contract, the Insured must bear the appropriate responsibility, - the beneficiary, even if the insurance contract is concluded in favor of another person or is not said in it, he has been concluded in whose favor.
Article 933. Insurance of entrepreneurial risk
Under an entrepreneurial risk insurance contract, the entrepreneurial risk of only the insurer can be insured and only in his favor.
The entrepreneurial risk insurance contract is negligible.
An entrepreneurial risk insurance contract in favor of a person who is not a policyholder is considered prisoners in favor of the insured.
Article 934. Personal Insurance Agreement
1. According to the personal insurance contract, one party (insurer) undertakes to the contract due to the contract (insurance premium) paid by the other Party (by the Insurer), to pay at a time or paid periodically due to the Agreement (insurance amount) in case of harmfulness of the lifestyle or the health of the insured itself or Another citizen named in the contract (insured person), to achieve a certain age or the occurrence of a different event provided for by the agreement (insured).
The right to receive an insurance amount belongs to a person in whose favor a contract has been concluded.
2. Personal insurance contract is considered concluded in favor of the insured person if the contract is not named as a beneficiary another person. In the event of the death of a person insured under the Agreement, in which other beneficiary is not named, the beneficiaries are recognized by the heirs of the insured person.
Personal insurance contract in favor of a person who is not the insured person, including in favor of the insured person who is not the insured person, can be concluded only with the written consent of the insured person. In the absence of such a consent, the Agreement may be invalid on the claim of the insured person, and in the event of the death of this person, according to his heirs.
Article 935. Mandatory Insurance
1. The law on the persons mentioned in it may be entrusted to insure:
life, health or property of other persons defined in the law in case of harming their lives, health or property;
the risk of its civil liability, which may occur due to causing harm to life, health or property of other persons or violation of contracts with other persons.
2. The duty to insure your life or health can not be assigned to a citizen by law.
3. In cases provided for by law or in accordance with the procedure established by him, on legal entities who are in economic management or operational management of property, which is state or municipal property, may be charged with the obligation to insure this property.
4. In cases where the obligation of insurance does not follow from the law, but is based on the contract, including the obligation of property insurance - on a contract with property owner or on the constituent documents of a legal entity, which is the owner of the property, such insurance is not mandatory in the sense of this article. And does not entail the consequences provided for in Article 937 of this Code.
Article 936. Implementation of compulsory insurance
1. Compulsory insurance is carried out by concluding an insurance contract by a person who is entrusted with the obligation of such insurance (by the insured), with the insurer.
2. Compulsory insurance is carried out at the expense of the insured.
(as amended by Federal Law of 14.06.2012 N 78-FZ)
(see text in the previous edition)
3. Objects subject to mandatory insurance, the risks from which they must be insured, and the minimum amounts of insurance amounts are determined by law, and in the case provided for by paragraph 3 of Article 935 of this Code, the law or in the procedure established by them.
Article 937. Consequences of violation of the rules for mandatory insurance
1. A person in whose favor, according to the law, mandatory insurance should be implemented, has the right if he knows that insurance is not implemented, to require its implementation by the person who is entrusted with the responsibility of insurance.
2. If the person who is entrusted with the inspection obligation, did not fulfill it or entered into an insurance contract on the conditions worsening the position of the beneficiary compared with the conditions defined by the law, it is randomly responsible for the beneficiary on the same conditions on which To be paid insurance compensation with proper insurance.
3. Amounts, unreasonably saved by the face that the obligation of insurance is entrusted, due to the fact that it did not fulfill this duty or fulfilled it inappropriately, they are defended by the claim of state insurance supervision authorities in the income of the Russian Federation with accrual of interest in these amounts in accordance with the article 395 of this Code.
Article 938. Insurer
As insurers, insurance agreements may enter into legal entities that have permits (licenses) to carry out insurance of an appropriate view.
The requirements that insurance organizations must meet, the procedure for licensing their activities and the implementation of state supervision for this activity are determined by insurance laws.
Article 939. Implementation of obligations under the insurance contract by the insured and beneficiary
1. The conclusion of the insurance contract in favor of the beneficiary, including when they are the insured person, does not exempt the insured from the fulfillment of obligations under this contract, unless the contract is not provided for other or the responsibilities of the insured person, in whose favor a contract has been concluded.
2. The insurer has the right to demand from the beneficiary, including when the beneficiary is the insured person, fulfillment of obligations under the insurance contract, including the obligations under the insured, but not implemented by him, upon presentation of the beneficiary, the requirements for the payment of insurance compensation under the property insurance contract either the sum insured under the personal insurance contract. The risk of the consequences of non-fulfillment or late fulfillment of duties that should have been fulfilled earlier carrying the beneficiary.
Article 940. Form of insurance contract
1. The insurance contract must be concluded in writing.
Failure to comply with the written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance agreement (Article 969).
2. The insurance contract may be concluded by drawing up a single document (paragraph 2 of Article 434) or the insurer to the insurer on the basis of its written or oral statement of the insurance policy (certificate, certificate, receipt) signed by the Insurer.
In the latter case, the insurer's consent to conclude an agreement on the conditions proposed by the Insurer is confirmed by the first of the present paragraph of the documents specified in the insurer of the present paragraph.
3. The insurer at the conclusion of the insurance contract has the right to apply standard forms of contracts developed by him or union of insurers (insurance policy) for certain types of insurance.
Article 941. Insurance by the General Policy
1. Systematic insurance of different batches of homogeneous property (goods, goods, etc.) under similar conditions during a certain period may be carried out by the Insurer Agreement with the insurer on the basis of one insurance contract - the General Police.
2. The policyholder is obliged in relation to each batch of property, subject to the general policy, to inform the insurer due to such a policy of information in the period provided for them, and if it is not envisaged, immediately upon receipt. The policyholder is not exempt from this duty, even if, by the time of such information, the possibility of damages to be reimbursed by the insurer has already passed.
3. At the request of the insured, the Insurer is obliged to issue insurance policies for individual batchs of property, subject to the general policy.
In case of inconsistency in the content of the insurance policy, the general policy preference is given to the insurance policy.
Article 942. The essential conditions of the insurance contract
1. When concluding a contract of property insurance between the insured and the insurer, an agreement must be reached:
1) on certain property or in other property interest, which is the object of insurance;
2) on the nature of the event, in case of the occurrence of which insurance (insured event) is carried out;
3) about the amount of the sum insured;
4) on the term of the contract.
2. When concluding a personal insurance contract between the insured and the insurer, an agreement should be reached:
1) about the insured person;
2) on the nature of the event, in case of the occurrence of which in the life of the insured person is insurance (insured);
3) about the amount of the sum insured;
4) on the term of the contract.
Article 943. Determination of the terms of insurance contract in the insurance rules
1. The conditions on which the insurance contract consists can be defined in the standard rules for insurance of the relevant type, adopted, approved or approved by the Insurer or the Union of Insurers (insurance rules).
2. The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are mandatory for the insured (beneficiary), if in the contract (insurance policy) directly indicates the application of such rules and the rules themselves are set forth in one document with the contract ( Insurance policies) or on his turning side are either attached to it. In the latter case, the presentation of the insurance manager at the conclusion of the insurance contract must be certified by the recording in the contract.
3. When concluding an insurance contract, the insured and the insurer can agree on changing or excluding certain provisions of insurance rules and the complement of the rules.
4. The insured (beneficiary) has the right to refer to the protection of its interests on the rules of insurance of the relevant view, which is referenced in the insurance contract (insurance policy), even if these rules are not necessary for it for it.
Article 944. Information provided by the Insured when concluding an insurance contract
1. When concluding an insurance contract, the policyholder is obliged to inform the insurer to the insured circumstances that are essential to determine the probability of an insured event and the size of possible losses from its offensive (insurance risk) if these circumstances are not known and should not be known to the insurer.
In any case, circumstances defined by the insurer in the standard form of the insurance contract (insurance policy) or in his written request are significant.
2. If the insurance contract is concluded in the absence of the insured responses to any insurer's questions, the insurer cannot subsequently require the termination of the contract or recognizing it invalid on the grounds that the relevant circumstances were not reported by the insured.
3. If after the conclusion of the insurance contract it will be established that the insured person informed the insurer knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer is entitled to demand the recognition of an agreement by invalid and applying the consequences provided for in paragraph 2 of Article 179 of this Code.
The insurer cannot demand the recognition of an insurance contract invalid if the circumstances discollected by the insurer have already disappeared.
Article 945. Insurer's right to assess insurance risk
1. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and if necessary, appoint an examination to establish its actual value.
2. When concluding a personal insurance contract, the insurer has the right to conduct a survey of the insured person to assess the actual state of its health.
3. Assessing the insurance risk by the insurer on the basis of this article is not necessarily for the insured, which is entitled to prove otherwise.
Article 946. Secret Insurance
The insurer is not entitled to disclose the information about the insured person and the beneficiary, the state of their health as a result of their professional activity, as well as the property situation of these persons. For violation of the secrecy of insurance, the insurer, depending on the kind of violated rights and the nature of the violation, is responsible in accordance with the rules provided for in Article 139 or Article 150 of this Code.
Article 947. Insurance amount
1. The amount, within which the insurer undertakes to pay the insurance indemnity under the property insurance contract or which it undertakes to pay under personal insurance (insurance amount), is determined by the Insured Agreement with the Insurer in accordance with the rules provided for in this article.
2. In case of insurance of property or entrepreneurial risk, if the insurance contract is not provided otherwise, the insurance amount should not exceed their actual value (insurance cost). This cost is considered:
for the property, its valid cost at its location on the day of the conclusion of the insurance contract;
for the entrepreneurial risk, the losses from business activities, which the policyholder, as can be expected, would carry upon the occurrence of the insured event.
3. In personal insurance agreements and civil liability agreements, the insurance amount is determined by the parties at their discretion.
Article 948. Challenge the insurance cost of property
The insurance value of the property specified in the insurance contract cannot be subsequently challenged, except in the case when the insurer who has not extended to the conclusion of the contract by its right to assess insurance risk (paragraph 1 of Article 945), was deliberately misleading about this cost.
Article 949. Incomplete property insurance
If the insurance amount is established below the insurance cost in the insurance contract or entrepreneurial risk, the insurer at the occurrence of an insured event is obliged to compensate to the insured (beneficiary) part of the latter losses incurred in proportion to the ratio of the insurance amount to the insurance value.
The contract may be provided for a higher amount of insurance compensation, but not higher than the insured value.
Article 950. Additional Property Insurance
1. In the case when the property or entrepreneurial risk is insured only in terms of insurance cost, the insured (beneficiary) has the right to carry out additional insurance, including another insurer, but so that the overall insurance amount for all insurance contracts does not exceed the insurance value.
2. Failure to comply with the provisions of paragraph 1 of this article entails the consequences provided for in paragraph 4 of Article 951 of this Code.
Article 951. The consequences of insurance over the insured value
1. If the insurance amount specified in the property insurance contract or entrepreneurial risk exceeds the insurance value, the contract is insignificant in the part of the insurance amount that exceeds the insurance value.
Separed part of the insurance premium return in this case is not subject to.
2. If, in accordance with the insurance contract, the insurance premium is made in installments and by the time the circumstances referred to in paragraph 1 of this article, it is not fully incurred, the remaining insurance premiums must be paid in the amount reduced in proportion to a decrease in the amount of the sum insured.
3. If the overestimation of the sum insured in the insurance contract was a consequence of deception by the insured, the insurer is entitled to demand recognition of the contract by invalid and compensation for damages caused to him in the amount of the sum of the insurance premium they obtained from the policyholder.
4. The rules provided for in paragraphs 1 - 3 of this article are applied accordingly and in the case when the insurance amount exceeded the insurance cost as a result of the insurance of the same object in two or more insurers (double insurance).
The amount of insurance indemnity to be paid in this case by each of the insurers is reduced in proportion to the decrease in the initial sum insured on the relevant insurance contract.
Article 952. Property Insurance against Different Insurance Risks
1. Property and entrepreneurial risk can be insured against various insurance risks both in one and in individual insurance contracts, including under contracts with different insurers.
In these cases, it is allowed to exemplate the size of the overall sum insured for all insurance contracts.
2. If from two or several contracts concluded in accordance with paragraph 1 of this article follows the obligation of insurers to pay insurance compensation for the same consequences of the onset of the same insured event, the rules provided for by paragraph 4 apply to such contracts in the relevant part. Articles 951 of this Code.
Article 953. CONSTRUCTION
The object of insurance may be insured by one insurance contract with several insurers (composure). If the rights and obligations of each of the insurers are not identified in such a contract, they jointly respond to the insured (beneficiary) for the payment of insurance indemnity under the Treaty of Property Insurance or Insurance Amount under Personal Insurance Agreement.
Article 954. Insurance Prize and Insurance Contributions
1. Under the insurance premium means a fee for insurance, which the insured (beneficiary) is obliged to pay the insurer in the manner and within the deadlines that are established by the insurance contract.
2. The insurer, when determining the size of the insurance premium, payable under the insurance contract, has the right to apply the insurance rates developed by it, which determine the award charged from the unit of the insured amount, taking into account the insurance and nature of insurance risk.
ConsultantPlus: Note.
In accordance with the Law of the Russian Federation of 11/27/1992 N 4015-1, insurance rates for mandatory insurance rates are established in accordance with federal laws on specific types of compulsory insurance.
In accordance with law cases, the size of the insurance premium is determined in accordance with the insurance facilities established or regulated by state insurance supervisory authorities.
3. If the insurance contract is envisaged to introduce an insurance premium in installments, the agreement may be determined by the consequences of non-payment in the established periods of regular insurance premiums.
4. If the insured event has arrived before paying the next insurance premium, the introduction of which is overdue, the insurer has the right to determine the amount of insurance compensation under the Treaty of Property Insurance or the Insurance amount under the personal insurance contract, to consider the amount of overdue insurance premium.
Article 955. Replacement of the insured person
1. In the case when the liability of the person else is insured under the risk insurance contract (article 931), the liability of the person is increasingly increasingly, the latter is entitled, unless otherwise provided by the contract, at any time before the insured event is to replace this person to others, notifying in writing This insurer.
2. The insured person called in the personal insurance contract can be replaced by the insured by another person only with the consent of the most insured person and the insurer.
Article 956. Replacing the beneficiary
The policyholder has the right to replace the beneficiary, named in the insurance contract, another person, notifying the insurer in writing. Replacing the beneficiary under the personal insurance contract, appointed with the consent of the insured person (paragraph 2 of Article 934), is allowed only with the consent of this person.