Civil Code of the Russian Federation chapter 48 insurance. Civil Code of the Russian Federation
Chapter 48. Insurance
Consultant Plus: note.
For the issue of organizing insurance business in the Russian Federation, see the Law of the Russian Federation of November 27, 1992, No. 4015-1.
Article 927. Voluntary and Compulsory Insurance
1. Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (policyholder) with an insurance organization (insurer).
A personal insurance contract is a public contract (Article 426).
2. In cases where the law stipulates that the persons indicated in it are obligated to insure the life, health or property of others as their insurers or their civil liability to others at their own expense or at the expense of interested parties (compulsory 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 terms proposed by the insured is not mandatory.
3. The law may provide for cases of compulsory insurance of life, health and property of citizens at the expense of funds provided from the corresponding budget (compulsory state insurance).
Article 928. Interests whose insurance is not allowed
1. Insurance of unlawful interests is not allowed.
2. Loss insurance against participation in games, lotteries and bets is not allowed.
3. Insurance of expenses to which a person may be forced to release hostages is not allowed.
4. The terms of insurance contracts that contradict clauses 1 to 3 of this article are void.
Article 929. Property Insurance Contract
1. Under a property insurance contract, one party (the insurer) undertakes to compensate the other party (the insured) or another person for whose benefit the contract is concluded (to the beneficiary) upon the occurrence of the event (insured event) specified in the contract as a result of this event, losses in the insured property or losses due to other property interests of the insured (pay insurance indemnity) within the amount specified by the contract (insurance Ummah).
2. Under the property insurance contract, the following property interests may be insured, in particular:
1) the risk of loss (loss), shortage or damage to certain property (Article 930);
2) the risk of liability for obligations arising from harm to the life, health or property of others, and in cases provided by law, also 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 by the counterparties of the entrepreneur or a change in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (Article 933).
Article 930. Property Insurance
1. Property may be insured under an insurance contract in favor of a person (policyholder or beneficiary) who has an interest in preserving this property, based on a law, other legal act or contract.
2. The property insurance contract concluded in the absence of the interest of the insured or the beneficiary in the preservation of the insured property is invalid.
3. The property insurance contract for the benefit of the beneficiary may be concluded without indicating the name or the name of the beneficiary (insurance “at the expense of whom”).
Upon conclusion of such an agreement, the policyholder shall be provided with a bearer insurance policy. When the policyholder or beneficiary exercises the rights under such an agreement, it is necessary to present this policy to the insurer.
Article 931. Liability for harm
1. Under a liability risk insurance contract for obligations arising from harm to the life, health or property of other persons, the risk of liability of the policyholder or another person to whom such liability may be imposed may be insured.
2. A person whose risk of liability for harm is insured must be indicated in the insurance contract. If this person is not named in the contract, the risk of liability of the insured is considered insured.
3. The contract of insurance of risk of liability for harm is deemed concluded in favor of persons who may be harmed (beneficiaries), even if the contract is concluded in favor of the insured or another person responsible for the harm, or the contract does not say in whose favor it concluded.
4. In the event that the liability for harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the insurance contract of such liability, the person in whose favor the insurance contract is deemed to be concluded has the right to present a claim to the insurer directly indemnification within the insured amount.
Article 932. Contract liability insurance
1. Liability insurance for breach of contract is permitted in cases provided by law.
2. Under the contract of insurance of the risk of liability for breach of the contract, only the risk of liability of the policyholder may be insured. An insurance contract that does not meet this requirement is void.
3. The risk of liability for violation of the contract is considered insured in favor of the party to which under the terms of this contract the insured must bear the corresponding responsibility of the beneficiary, even if the insurance contract is concluded in favor of another person or it does not say in whose favor it was concluded.
Article 933. Business Risk Insurance
Under an entrepreneurial risk insurance contract, entrepreneurial risk can only be insured by the insured himself and only in his favor.
The contract of insurance of entrepreneurial risk of a person who is not the insured is void.
The contract of insurance of entrepreneurial risk in favor of a person who is not the policyholder is considered concluded in favor of the policyholder.
Section 934. Personal Insurance Contract
1. Under a personal insurance contract, one party (the insurer) undertakes, for the fee stipulated by the contract (insurance premium) paid by the other party (the policyholder), to pay a lump sum or to pay the amount (insurance amount) periodically stipulated by the contract in case of damage to the life or health of the policyholder or another citizen named in the contract (the insured person), achievement of a certain age by him or the occurrence in his life of another event stipulated by the contract (insured event).
The right to receive the insurance amount belongs to the person in whose favor the contract is concluded.
2. A personal insurance contract shall be deemed concluded in favor of the insured person, unless another person is specified in the contract as a beneficiary. In the event of the death of a person insured under an agreement in which no other beneficiary is named, the heirs of the insured person shall be recognized as beneficiaries.
A personal insurance contract in favor of a person who is not the insured person, including in favor of the insured who is not the insured person, may be concluded only with the written consent of the insured person. In the absence of such consent, the contract may be invalidated at the suit of the insured person, and in the event of the death of this person at the suit of his heirs.
Article 935. Compulsory Insurance
1. By law, the persons indicated in it may be obligated to insure:
life, health or property of other persons specified by law in case of harm to their life, health or property;
the risk of their civil liability, which may arise as a result of harm to the life, health or property of others or a breach of contracts with other persons.
2. The obligation to insure your life or health cannot be assigned to a citizen by law.
3. In the cases provided for by law or in the manner prescribed by it, legal entities holding state or municipal property in economic or operational management may be obligated to insure this property.
4. In cases where the obligation of insurance does not follow from the law, but is based on a contract, including the obligation to insure property - on a contract with the owner of the property or on the constituent documents of the legal entity that 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 the person who is responsible for such insurance (the policyholder) with the insurer.
2. Compulsory insurance shall be carried out at the expense of the insured, with the exception of compulsory insurance of passengers, which in the cases provided for by law may be carried out at their expense.
3. Objects subject to compulsory insurance, the risks against which they should be insured, and the minimum amount of insurance sums are determined by law, and in the case provided for in paragraph 3 of Article 935 of this Code, by law or in the manner established by it.
Article 937. Consequences of violation of compulsory insurance rules
1. A person in whose favor compulsory insurance is required by law shall have the right, if he is aware that insurance has not been carried out, to demand in court that it be carried out by the person who is entrusted with the obligation of insurance.
2. If the person charged with the insurance obligation has not implemented it or entered into an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions defined by law, he shall be liable to the beneficiary upon the occurrence of an insured event under the same conditions on which insurance indemnity shall be paid with appropriate insurance.
3. Amounts unreasonably saved by the person who is entrusted with the insurance obligation due to the fact that he has not fulfilled this obligation or performed it improperly shall be recovered at the suit of the state insurance supervision authorities in the income of the Russian Federation with interest calculated on these amounts in accordance with Article 395 of this Code.
Article 938. Insurer
As insurers, insurance contracts can be entered into by legal entities that have permits (licenses) to carry out insurance of the corresponding type.
The requirements that insurance organizations must meet, the procedure for licensing their activities and the implementation of state supervision of these activities are determined by insurance laws.
Article 939. Fulfillment of Obligations under an Insurance Contract by the Insured and Beneficiary
1. The conclusion of an insurance contract in favor of the beneficiary, including when it is the insured person, does not relieve the policyholder from fulfilling obligations under this contract unless the contract provides otherwise or the obligations of the policyholder are performed by the person in whose favor the contract was concluded.
2. The insurer shall have the right to demand from the beneficiary, including when the insured person is the beneficiary, to fulfill obligations under the insurance contract, including obligations that are borne by the policyholder but not fulfilled by him, upon presentation by the beneficiary of the requirement to pay insurance compensation under the property insurance contract or insurance amount under a personal insurance contract. The risk of consequences of non-fulfillment or untimely fulfillment of obligations that should have been fulfilled earlier is borne by the beneficiary.
Article 940. Insurance contract form
1. The insurance contract must be concluded in writing.
Failure to comply with the written form shall entail the invalidity of the insurance contract, with the exception of the compulsory state insurance contract (Article 969).
2. An insurance contract may be concluded by drawing up one document (clause 2 of Article 434) or by handing the insurer to the policyholder on the basis of his written or oral statement of the insurance policy (certificate, certificate, receipt) signed by the insurer.
In the latter case, the consent of the insurer to conclude an agreement on the conditions proposed by the insurer is confirmed by the acceptance of the documents indicated in the first paragraph of this paragraph from the insurer.
3. When concluding an insurance contract, the insurer is entitled to apply the standard contract forms (insurance policy) developed by it or by the association of insurers for certain types of insurance.
Article 941. General Policy Insurance
1. Systematic insurance of different batches of homogeneous property (goods, cargo, etc.) on similar conditions for a certain period of time may, by agreement between the insurer and the insurer, be carried out on the basis of one insurance contract - the general policy.
2. The policyholder shall, with respect to each consignment of property falling within the scope of the general policy, inform the insurer of the information stipulated by such a policy within the time prescribed by him, and if it is not provided, immediately upon receipt. The policyholder is not exempted from this obligation, even if by the time of receipt of such information the possibility of losses 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 lots of property that are subject to the general policy.
If the content of the insurance policy does not match the general policy, the insurance policy is preferred.
Article 942. Essential Conditions of an Insurance Contract
1. When concluding a property insurance contract between the insured and the insurer, an agreement must be reached:
1) on a certain property or other property interest that is the object of insurance;
2) on the nature of the event, in the event of the occurrence of which insurance is provided (insured event);
3) the amount of the insured amount;
4) the duration of the contract.
2. When concluding a personal insurance contract between the insured and the insurer, an agreement must be reached:
1) about the insured person;
2) on the nature of the event, in the event of the occurrence of which insurance is carried out in the life of the insured person (insured event);
3) the amount of the insured amount;
4) the duration of the contract.
Article 943. Definition of the conditions of the insurance contract in the insurance rules
1. The conditions on which the insurance contract is concluded may be defined in standard insurance rules of the corresponding type adopted, approved or approved by the insurer or the association 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 the contract (insurance policy) expressly indicates the application of such rules and the rules themselves are set out in one document with the contract ( insurance policy) or on its back or attached to it. In the latter case, the delivery to the policyholder upon conclusion of the contract of insurance rules must be certified by an entry in the contract.
3. When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.
4. The policyholder (beneficiary) has the right to refer in defense of his interests to the insurance rules of the corresponding type referred to in the insurance contract (insurance policy), even if these rules are not binding on him by virtue of this article.
Article 944. Information provided by the insured upon conclusion of an insurance contract
1. When concluding an insurance contract, the insurer is obligated to inform the insurer of circumstances known to the insurer that are essential for determining the likelihood of an insured event and the size of possible losses from its occurrence (insurance risk), if these circumstances are not known and should not be known to the insurer.
In any case, circumstances that are specifically agreed upon by the insurer in the standard form of the insurance contract (insurance policy) or in his written request are deemed significant.
2. If the insurance contract is concluded in the absence of the insured's answers to any questions of the insurer, the insurer cannot subsequently demand termination of the contract or invalidation of it on the basis that the relevant circumstances were not communicated by the insured.
3. If, after conclusion of the insurance contract, it is established that the policyholder has provided the insurer with knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer shall have the right to demand that the contract be declared invalid and the consequences provided for in paragraph 2 of Article 179 of this Code are applied.
The insurer cannot demand invalidation of the insurance contract if the circumstances that the policyholder has omitted have already disappeared.
Article 945. The right of the insurer to assess insurance risk
1. When concluding a property insurance contract, the insurer has the right to inspect the insured property and, if necessary, to appoint an examination in order to establish its actual value.
2. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.
3. The assessment of insurance risk by the insurer on the basis of this article is not obligatory for the insured who is entitled to prove otherwise.
Section 946. Secret Insurance
The insurer does not have the right to disclose information received by him as a result of his professional activity about the insured, the insured person and the beneficiary, their state of health, and also about the property status of these persons. For violation of insurance secrecy, the insurer, depending on the type of violated rights and the nature of the violation, is liable in accordance with the rules provided for in Article 139 or Article 150 of this Code.
Article 947. Sum Insured
1. The amount to which the insurer undertakes to pay insurance compensation under a property insurance contract or which it undertakes to pay under a personal insurance contract (insurance amount) is determined by agreement between the insurer and the insurer in accordance with the rules provided for in this article.
2. When insuring property or entrepreneurial risk, unless otherwise provided by the insurance contract, the sum insured shall not exceed their actual value (insurance value). Such value is considered:
for property, its actual value at its location on the day the insurance contract is concluded;
for entrepreneurial risk, losses from entrepreneurial activity that the insured could be expected to have incurred upon the occurrence of an insured event.
3. In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.
Article 948. Challenging the Insured Value of Property
The insured value of property specified in the insurance contract cannot be subsequently challenged, unless the insurer, who had not used his right to assess insurance risk before concluding the contract (clause 945), was deliberately misled about this value.
Article 949. Incomplete Property Insurance
If the insurance amount is set below the insured value in the property insurance or entrepreneurial risk insurance contract, the insurer is obliged to compensate the insured (beneficiary) for the part of the losses incurred by the latter in proportion to the ratio of the insured amount to the insured value.
The contract may provide for a higher amount of insurance compensation, but not higher than the insurance value.
Article 950. Additional Property Insurance
1. In the event that property or entrepreneurial risk is insured only in terms of the insured value, the policyholder (beneficiary) has the right to carry out additional insurance, including with another insurer, but so that the total 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 shall entail the consequences provided for by paragraph 4 of Article 951 of this Code.
Section 951. Consequences of Insurance Over the Insured Value
1. If the sum insured specified in the property or business risk insurance contract exceeds the insured value, the contract is void in that part of the insured amount that exceeds the insured value.
The excess part of the insurance premium paid is not refundable in this case.
2. If, in accordance with the insurance contract, the insurance premium is paid in installments and by the time the circumstances specified in paragraph 1 of this article are established, it has not been fully paid, the remaining insurance premiums must be paid in an amount reduced in proportion to the decrease in the sum insured.
3. If the overstatement of the sum insured in the insurance contract was a result of fraud on the part of the policyholder, the insurer has the right to demand recognition of the contract invalid and compensation for the losses caused to it in an amount exceeding the amount of the insurance premium received by him from the policyholder.
4. The rules provided for in paragraphs 1 to 3 of this article shall also apply if the insured amount has exceeded the insurance value as a result of insurance of the same object with two or more insurers (double insurance).
The amount of insurance compensation payable in this case by each of the insurers is reduced in proportion to the decrease in the initial insurance amount under the relevant insurance contract.
Article 952. Property insurance against various insurance risks.
1. Property and entrepreneurial risk may be insured against different insurance risks both under one and under separate insurance contracts, including under contracts with different insurers.
In these cases, the excess of the total insurance amount under all contracts over the insurance value is allowed.
2. If the obligation of the insurers to pay insurance compensation for the same consequences of the occurrence of the same insured event arises from two or more contracts concluded in accordance with paragraph 1 of this article, the rules provided for in paragraph 4 apply to such contracts in the relevant part Article 951 of this Code.
Section 953. Co-insurance
The insurance object may be insured under one insurance contract jointly by several insurers (co-insurance). If the rights and obligations of each of the insurers are not defined in such an agreement, they shall be jointly and severally liable to the insured (beneficiary) for payment of insurance compensation under the property insurance agreement or insurance amount under the personal insurance agreement.
Section 954. Insurance Premium and Insurance Contributions
1. An insurance premium is understood as a payment for insurance that the policyholder (beneficiary) is obligated to pay to the insurer in the manner and within the time periods established by the insurance contract.
2. The insurer, when determining the amount of the insurance premium payable under the insurance contract, shall be entitled to apply the insurance tariffs it has developed, which determine the premium charged from the insurance amount unit, taking into account the insurance object and the nature of the insurance risk.
Consultant Plus: note.
In accordance with the Law of the Russian Federation of November 27, 1992 N 4015-1, insurance rates for types of compulsory insurance are established in accordance with federal laws on specific types of compulsory insurance.
In cases prescribed by law, the size of the insurance premium is determined in accordance with insurance rates established or regulated by the state insurance supervision authorities.
3. If the insurance contract provides for the payment of an installment insurance premium, the contract may determine the consequences of non-payment of regular insurance premiums by the due date.
4. If the insured event occurs before the payment of the next insurance premium, the payment of which is overdue, the insurer is entitled to determine the amount of the overdue insurance premium when determining the size of the insurance indemnity payable under the property insurance contract or the insurance amount under the personal insurance contract.
Section 955. Replacement of the Insured
1. In the event that under the risk insurance contract of liability for harm (Article 931), the liability of a person other than the policyholder is insured, the latter is entitled, unless otherwise provided by the contract, at any time before the occurrence of the insured event to replace this person with a written notification of this insurer.
2. The insured person named in the personal insurance contract may be replaced by the insured by another person only with the consent of the insured person and the insurer.
Section 956. Replacement of Beneficiary
The policyholder has the right to replace the beneficiary named in the insurance contract with another person, having notified the insurer in writing about this. Replacement of a beneficiary under a personal insurance contract appointed with the consent of the insured person (clause 2 of Article 934) is allowed only with the consent of this person.
The beneficiary cannot be replaced by another person after he has fulfilled any of the obligations under the insurance contract or submitted to the insurer a demand for payment of insurance compensation or insurance amount.
Section 957. Commencement of Insurance Contract
1. An insurance contract, unless otherwise provided therein, shall enter into force upon payment of the insurance premium or its first installment.
2. Insurance stipulated by the insurance contract extends to insured events that occurred after the insurance contract entered into force, unless a different time period for the insurance to commence is stipulated in the contract.
Section 958. Early Termination of an Insurance Contract
1. The insurance contract is terminated before the expiration of the period for which it was concluded if, after its entry into force, the possibility of the occurrence of an insured event has disappeared and the existence of the insurance risk has ceased due to circumstances other than the insured event. Such circumstances include, but are not limited to:
death of the insured property for reasons other than the occurrence of the insured event;
termination in the prescribed manner of entrepreneurial activity by a person who has insured an entrepreneurial risk or civil liability risk associated with this activity.
2. The policyholder (beneficiary) has the right to withdraw from the insurance contract at any time if, at the time of refusal, the possibility of an insured event has not disappeared due to the circumstances specified in paragraph 1 of this article.
3. In case of early termination of the insurance contract due to the circumstances specified in paragraph 1 of this article, the insurer is entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.
In case of early termination of the policyholder (beneficiary) from the insurance contract, the insurance premium paid to the insurer is not refundable unless otherwise provided by the contract.
Article 959. The Consequences of Increasing Insurance Risk During the Period of the Insurance Contract
1. During the validity period of the property insurance contract, the policyholder (beneficiary) is obliged to immediately inform the insurer of significant changes that became known to him in the circumstances communicated to the insurer upon conclusion of the contract, if these changes can significantly affect the increase in insurance risk.
In any case, significant changes are those stipulated in the insurance contract (insurance policy) and in the insurance rules transferred to the insured.
2. An insurer notified of circumstances leading to an increase in insurance risk is entitled to demand a change in the terms of the insurance contract or payment of an additional insurance premium commensurate with the increase in risk.
If the policyholder (beneficiary) objects to a change in the terms of the insurance contract or premium insurance premium, the insurer has the right to demand termination of the contract in accordance with the rules provided for in Chapter 29 of this Code.
3. If the policyholder or the beneficiary does not fulfill the obligations provided for in paragraph 1 of this article, the insurer shall have the right to demand termination of the insurance contract and compensation for losses caused by termination of the contract (paragraph 5 of Article 453).
4. The insurer is not entitled to demand the termination of the insurance contract if the circumstances entailing an increase in insurance risk have already disappeared.
5. In case of personal insurance, the consequences of changes in insurance risk during the term of the insurance contract specified in clauses 2 and 3 of this article may occur only if they are expressly provided for in the contract.
Article 960. Transfer of rights to the insured property to another person
Upon transfer of rights to the insured property from the person in whose interests the insurance contract was concluded, to another person, the rights and obligations under this contract shall be transferred to the person to whom the rights to property have been transferred, with the exception of cases of forced withdrawal of property on the grounds specified in clause 2 Article 235 of this Code, and waiver of ownership (Article 236).
The person to whom the rights to the insured property are transferred must immediately notify the insurer in writing.
Article 961. Notification of the insurer of the occurrence of an insured event
1. The policyholder under a property insurance contract, after he becomes aware of the occurrence of an insured event, is obligated to immediately notify the insurer or his representative of his occurrence. If the contract provides for a deadline and (or) method of notification, it must be done at the agreed time and in the manner specified in the contract.
The same obligation lies with the beneficiary who is aware of the conclusion of an insurance contract in his favor if he intends to exercise the right to insurance compensation.
2. Failure to fulfill the obligation provided for in paragraph 1 of this article gives the insurer the right to refuse to pay insurance compensation if it is not proved that the insurer learned about the occurrence of the insured event in a timely manner or that the insurer did not have information about this could not affect its obligation to pay insurance compensation .
3. The rules provided for in paragraphs 1 and 2 of this article, respectively, apply to a personal insurance contract if the insured event is the death of the insured person or damage to his health. At the same time, the term for notification of the insurer established by the contract may not be less than thirty days.
Article 962. Reduction of losses from an insured event
1. Upon the occurrence of an insured event stipulated by the property insurance contract, the policyholder shall take reasonable and accessible measures in the circumstances to reduce possible losses.
Taking such measures, the policyholder must follow the instructions of the insurer, if they are reported to the policyholder.
2. Expenses in order to reduce losses to be reimbursed by the insurer, if such expenses were necessary or were made to comply with the instructions of the insurer, shall be reimbursed by the insurer, even if the relevant measures were unsuccessful.
Such expenses shall be reimbursed in proportion to the ratio of the insured amount to the insured value, regardless of the fact that, together with the compensation of other losses, they may exceed the insured amount.
3. The insurer is exempted from compensation for losses arising from the fact that the policyholder intentionally did not take reasonable and accessible measures to reduce possible losses.
Article 963. Consequences of an Insured Event Due to the Fault of the Policyholder, Beneficiary or Insured
1. The insurer shall be exempted from the payment of insurance compensation or the insured amount if the insured event occurs due to the intent of the insured, beneficiary or the insured person, with the exception of cases provided for in paragraphs 2 and 3 of this article.
The law may provide for cases when the insurer is exempted from paying insurance compensation under property insurance contracts in the event of an insured event due to gross negligence of the insured or beneficiary.
2. The insurer shall not be exempted from the payment of insurance compensation under a civil liability insurance contract for harm to life or health if the damage was caused through the fault of the person responsible for it.
3. The insurer is not exempted from the payment of the sum insured, which under the personal insurance contract is payable in the event of the death of the insured person, if his death occurred as a result of suicide and by that time the insurance contract had been valid for at least two years.
Article 964. Grounds for exemption of the insurer from payment of insurance compensation and insurance amount
1. Unless otherwise provided by law or an insurance contract, the insurer shall be exempted from payment of insurance compensation and the insurance amount when the insured event occurs as a result of:
exposure to a nuclear explosion, radiation or radioactive infection;
military operations, as well as maneuvers or other military events;
civil war, popular unrest of any kind or strikes.
2. Unless otherwise provided by the contract of property insurance, the insurer shall be exempted from paying insurance compensation for losses arising from the seizure, confiscation, requisition, seizure or destruction of the insured property by order of state authorities.
Article 965. Transfer to the insurer of the rights of the insured to compensation for damage (subrogation)
1. Unless otherwise provided by the contract of property insurance, the insurer who paid the insurance indemnity shall, within the limits of the amount paid, transfer the right of claim that the insured (beneficiary) has to the person responsible for the losses reimbursed as a result of the insurance. However, the condition of the contract excluding the transfer to the insurer of the right to claim against the person who intentionally caused losses is void.
2. The right of claim transferred to the insurer is exercised by him in compliance with the rules governing the relationship between the insured (beneficiary) and the person responsible for the losses.
3. The policyholder (beneficiary) is obliged to transfer to the insurer all documents and evidence and to inform him of all the information necessary for the insurer to exercise the right of claim transferred to him.
4. If the policyholder (beneficiary) renounced his right to claim against the person responsible for the losses reimbursed by the insurer, or the exercise of this right became impossible due to the fault of the policyholder (beneficiary), the insurer is exempted from paying the insurance indemnity in full or in the relevant part and has the right to demand a refund excessively paid reimbursement amount.
The limitation period established by article 966 of the Civil Code of the Russian Federation (as amended on November 4, 2007) for claims arising from a liability risk insurance contract for obligations arising from harm to life, health or property of other persons also applies to claims previously established by the Civil Code of the Russian Federation the deadline for presentation of which has not expired before the date of entry into force of the Federal Law of 04.11.2007 N 251-ФЗ (Article 2 of the Federal Law of 04.11.2007 N 251-ФЗ).
Article 966. Statute of limitations for claims related to property insurance
(as amended by the Federal Law of 04.11.2007 N 251-ФЗ)
1. The limitation period for claims arising from a property insurance contract, with the exception of a liability risk insurance contract for obligations arising from harm to the life, health or property of others, is two years.
2. The limitation period for claims arising from a liability risk insurance contract for obligations arising from harm to the life, health or property of others is three years (Article 196).
Article 967. Reinsurance
1. The risk of payment of insurance compensation or the insurance amount assumed by the insurer under an insurance contract may be insured by him in whole or in part with another insurer (s) under a reinsurance contract concluded with the latter.
2. The rules provided for in this chapter shall be applied to the reinsurance contract, to be applied in respect of insurance of entrepreneurial risk, unless otherwise provided by the reinsurance contract. In this case, the insurer under the insurance contract (the main contract), which concluded the reinsurance contract, is considered the insured in this last contract.
3. In case of reinsurance, the insurer under this agreement remains liable to the policyholder under the main insurance contract for payment of insurance compensation or the insurance amount.
4. Consecutive conclusion of two or several 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 reciprocal basis by combining the necessary funds in mutual insurance companies.
2. Mutual insurance companies carry out insurance of property and other property interests of their members and are non-profit organizations.
Features of the legal status of mutual insurance societies and the conditions for their activities are determined in accordance with this Code by the law on mutual insurance.
3. Insurance by mutual insurance companies and property interests of their members is carried out directly on the basis of membership, unless the constituent documents of the company provide for the conclusion of insurance contracts in these cases.
The rules provided for in this chapter shall apply to insurance relations between a mutual insurance company and its members, unless otherwise provided by the law on mutual insurance.
(as amended by the Federal Law of 29.11.2007 N 287-ФЗ)
(see text in previous edition)
4. The implementation of compulsory insurance through mutual insurance is allowed in cases stipulated by the law on mutual insurance.
5. Lost power. - Federal Law of 29.11.2007 N 287-ФЗ.
(see text in previous edition)
Article 969. Obligatory State Insurance
1. In order to ensure the social interests of 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 state insurance is carried out at the expense of funds allocated for these purposes from the corresponding budget to ministries and other federal executive bodies (policyholders).
2. Obligatory state insurance is carried out directly on the basis of laws and other legal acts on such insurance by state insurance organizations or other state organizations (insurers) indicated in these acts or on the basis of insurance contracts concluded by insurers and policyholders in accordance with these acts.
3. Compulsory state insurance is paid by insurers in the amount determined by laws and other legal acts on such insurance.
4. The rules provided for in this chapter shall apply to compulsory state insurance, unless otherwise provided by laws and other legal acts on such insurance and does not follow from the essence of the relevant insurance relations.
Article 970. Application of general insurance rules to special types of insurance
The rules provided for in this chapter apply to relations on insurance of foreign investments against non-commercial risks, marine insurance, medical insurance, bank deposit insurance and pension insurance insofar as the laws on these types of insurance do not establish otherwise.
1. Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (policyholder) with ...
1. Insurance of unlawful interests is not allowed. 2. Loss insurance against participation in games, lotteries and bets is not allowed. 3. No insurance allowed ...
1. Under a property insurance contract, one party (the insurer) undertakes for a fee stipulated by the contract (insurance premium) upon occurrence ...
1. Property may be insured under an insurance contract in favor of a person (policyholder or beneficiary) having, based on the law, other legal ...
1. Under a liability insurance contract, liability for obligations arising from harm to life, health or property of others may be ...
1. Liability insurance for breach of contract is permitted in cases provided by law. 2. Under a liability risk insurance contract for ...
Under an entrepreneurial risk insurance contract, entrepreneurial risk can only be insured by the insured himself and only in his favor. Contract ...
1. Under a personal insurance contract, one party (the insurer) undertakes for a fee stipulated by the contract (insurance premium) paid by the other party ...
1. By law, the persons indicated in it may be obligated to insure: the life, health or property of other persons specified in the law in case of infliction ...
1. Compulsory insurance is carried out by concluding an insurance contract by the person who is entrusted with the obligation of such insurance (the insured), with ...
1. A person in whose favor compulsory insurance is required by law shall have the right, if he knows that insurance has not been carried out, to demand ...
As insurers, insurance contracts can be concluded by legal entities that have permits (licenses) to insure the relevant ...
1. The conclusion of an insurance contract in favor of the beneficiary, including when it is the insured person, does not exempt the policyholder from ...
1. The insurance contract must be concluded in writing. Failure to comply with the written form shall entail the invalidity of the insurance contract, with the exception of ...
1. Systematic insurance of different lots of homogeneous property (goods, cargo, etc.) on similar conditions for a certain period of time may by agreement ...
1. When concluding a property insurance agreement between the insured and the insurer, an agreement must be reached: 1) on certain property or ...
1. The conditions on which an insurance contract is concluded may be defined in standard insurance rules of the appropriate type, adopted, approved or ...
1. When concluding an insurance contract, the policyholder shall inform the insurer of circumstances known to the policyholder that are significant for ...
1. When concluding a property insurance contract, the insurer shall have the right to inspect the property to be insured, and, if necessary, to appoint an examination in order to ...
The insurer does not have the right to disclose information received by him as a result of his professional activity about the insured, the insured person and ...
1. The amount to which the insurer undertakes to pay insurance indemnity under a property insurance contract or which it undertakes to pay out ...
The insured value of the property specified in the insurance contract cannot be subsequently challenged, unless the insurer does not ...
If the insurance amount is set below the insurance value in the property insurance or business risk insurance contract, the insurer upon occurrence ...
1. In the event that property or entrepreneurial risk is insured only in terms of the insured value, the policyholder (beneficiary) has the right to ...
1. If the sum insured specified in the property insurance or business risk insurance contract exceeds the insured value, the contract is void ...
1. Property and entrepreneurial risk may be insured against different insurance risks, both under one and under separate insurance contracts, including ...
The insurance object may be insured under one insurance contract jointly by several insurers (co-insurance). If such an agreement does not ...
1. An insurance premium is understood as a payment for insurance which the insured (beneficiary) is obligated to pay to the insurer in the manner and within the time limits that ...
1. In the event that under the risk insurance contract of liability for harm (Article 931), the liability of a person other than the policyholder is insured ...
The policyholder has the right to replace the beneficiary named in the insurance contract with another person, having notified the insurer in writing about this. Replacement ...
1. An insurance contract, unless otherwise provided therein, shall enter into force upon payment of the insurance premium or its first installment. 2. Insurance due to ...
1. The insurance contract is terminated before the expiration of the period for which it was concluded, if after its entry into force the possibility of the occurrence of an insured event ...
1. During the term of the property insurance contract, the policyholder (beneficiary) is obliged to immediately inform the insurer of those who have become to him ...
When transferring the rights to the insured property from a person in whose interests an insurance contract has been concluded to another person, the rights and obligations under this contract ...
1. The policyholder under a property insurance contract, after he becomes aware of the occurrence of an insured event, is obliged to immediately notify him ...
1. Upon the occurrence of an insured event provided for by the property insurance contract, the insured shall be obliged to accept reasonable and affordable in the prevailing ...
1. The insurer shall be exempted from the payment of insurance compensation or the insured amount if the insured event occurs due to the intent of the insured, ...
1. Unless otherwise provided by law or an insurance contract, the insurer shall be exempted from the payment of insurance compensation and the insurance amount when the insurance ...
1. Unless otherwise provided by the property insurance contract, the insurer who paid the insurance indemnity shall transfer to the extent of the amount paid ...
1. The limitation period for claims arising from a property insurance contract, with the exception of a liability risk insurance contract for ...
1. The risk of payment of insurance compensation or the insurance amount assumed by the insurer under an insurance contract may be insured by him in whole or in part ...
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 citizens and the interests of the state, the law may establish mandatory state life insurance, ...
The rules provided for in this chapter apply to relations on insurance of foreign investments against non-commercial risks, marine insurance, ...
Section 927. Voluntary and compulsory insurance
Note:
P. 1, Art. 929 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
1. Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (policyholder) with an insurance organization (insurer).
A personal insurance contract is a public contract (Article 426).
2. In cases where the law stipulates that the persons indicated in it are obligated to insure the life, health or property of others as their insurers or their civil liability to others at their own expense or at the expense of interested parties (compulsory 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 terms proposed by the insured is not mandatory.
3. The law may provide for cases of compulsory insurance of life, health and property of citizens at the expense of funds provided from the corresponding budget (compulsory state insurance).
Section 928. Interests for which insurance is not allowed
1. Insurance of unlawful interests is not allowed.
2. Loss insurance against participation in games, lotteries and bets is not allowed.
3. Insurance of expenses to which a person may be forced to release hostages is not allowed.
4. The terms of insurance contracts that contradict clauses 1 to 3 of this article are void.
Section 929. Property Insurance Contract
Note:
Clause 1 of Article 929 does not apply to relations on insurance of export loans and investments from business and (or) political risks (Federal Law of May 17, 2007 N 82-FZ (as amended of June 29, 2015). "
1. Under a property insurance contract, one party (the insurer) undertakes to compensate the other party (the insured) or another person for whose benefit the contract is concluded (to the beneficiary) upon the occurrence of the event (insured event) specified in the contract as a result of this event, losses in the insured property or losses due to other property interests of the insured (pay insurance indemnity) within the amount specified by the contract (insurance Ummah).
2. Under the property insurance contract, the following property interests may be insured, in particular:
1) the risk of loss (loss), shortage or damage to certain property (Article 930);
2) the risk of liability for obligations arising from harm to the life, health or property of others, and in cases provided by law, also 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 by the counterparties of the entrepreneur or a change in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (Article 933).
Section 930. Property insurance
1. Property may be insured under an insurance contract in favor of a person (policyholder or beneficiary) who has an interest in preserving this property, based on a law, other legal act or contract.
2. The property insurance contract concluded in the absence of the interest of the insured or the beneficiary in the preservation of the insured property is invalid.
3. The property insurance contract for the benefit of the beneficiary may be concluded without indicating the name or the name of the beneficiary (insurance “at the expense of whom”).
Upon conclusion of such an agreement, the policyholder shall be provided with a bearer insurance policy. When the policyholder or beneficiary exercises the rights under such an agreement, it is necessary to present this policy to the insurer.
Section 931. Damage Liability Insurance
1. Under a liability risk insurance contract for obligations arising from harm to the life, health or property of other persons, the risk of liability of the policyholder or another person to whom such liability may be imposed may be insured.
2. A person whose risk of liability for harm is insured must be indicated in the insurance contract. If this person is not named in the contract, the risk of liability of the insured is considered insured.
3. The contract of insurance of risk of liability for harm is deemed concluded in favor of persons who may be harmed (beneficiaries), even if the contract is concluded in favor of the insured or another person responsible for the harm, or the contract does not say in whose favor it concluded.
4. In the event that the liability for harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the insurance contract of such liability, the person in whose favor the insurance contract is deemed to be concluded has the right to present a claim to the insurer directly indemnification within the insured amount.
Section 932. Contract liability insurance
1. Liability insurance for breach of contract is permitted in cases provided by law.
2. Under the contract of insurance of the risk of liability for breach of the contract, only the risk of liability of the policyholder may be insured. An insurance contract that does not meet this requirement is void.
3. The risk of liability for violation of the contract is considered insured in favor of the party to which under the terms of this contract the insured must bear the corresponding responsibility of the beneficiary, even if the insurance contract is concluded in favor of another person or it does not say in whose favor it was concluded.
Section 933. Entrepreneurial risk insurance
Note:
Part 1, Art. 933 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
Under an entrepreneurial risk insurance contract, entrepreneurial risk can only be insured by the insured himself and only in his favor.
The contract of insurance of entrepreneurial risk of a person who is not the insured is void.
Note:
Part 3, Art. 933 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
The contract of insurance of entrepreneurial risk in favor of a person who is not the policyholder is considered concluded in favor of the policyholder.
Section 934. Personal insurance contract
1. Under a personal insurance contract, one party (the insurer) undertakes, for the fee stipulated by the contract (insurance premium) paid by the other party (the policyholder), to pay a lump sum or to pay the amount (insurance amount) periodically stipulated by the contract in case of damage to the life or health of the policyholder or another citizen named in the contract (the insured person), achievement of a certain age by him or the occurrence in his life of another event stipulated by the contract (insured event).
The right to receive the insurance amount belongs to the person in whose favor the contract is concluded.
2. A personal insurance contract shall be deemed concluded in favor of the insured person, unless another person is specified in the contract as a beneficiary. In the event of the death of a person insured under an agreement in which no other beneficiary is named, the heirs of the insured person shall be recognized as beneficiaries.
A personal insurance contract in favor of a person who is not the insured person, including in favor of the insured who is not the insured person, may be concluded only with the written consent of the insured person. In the absence of such consent, the contract may be invalidated at the suit of the insured person, and in the event of the death of this person at the suit of his heirs.
Section 935. Compulsory insurance
1. By law, the persons indicated in it may be obligated to insure:
life, health or property of other persons specified by law in case of harm to their life, health or property;
the risk of their civil liability, which may arise as a result of harm to the life, health or property of others or a breach of contracts with other persons.
2. The obligation to insure your life or health cannot be assigned to a citizen by law.
3. In the cases provided for by law or in the manner prescribed by it, legal entities holding state or municipal property in economic or operational management may be obligated to insure this property.
4. In cases where the obligation of insurance does not follow from the law, but is based on an agreement, including the obligation to insure property - on an agreement with the owner of the property or on the constituent document of the legal entity that 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.
Section 936. Compulsory insurance
1. Compulsory insurance is carried out by concluding an insurance contract by the person who is responsible for such insurance (the policyholder) with the insurer.
2. Compulsory insurance is carried out at the expense of the insured.
(as amended by the Federal Law of 14.06.2012 N 78-FZ)
3. Objects subject to compulsory insurance, the risks against which they should be insured, and the minimum amount of insurance sums are determined by law, and in the case provided for in paragraph 3 of Article 935 of this Code, by law or in the manner established by it.
Section 937. Consequences of violation of compulsory insurance rules
1. A person in whose favor compulsory insurance is required by law shall have the right, if he is aware that insurance has not been carried out, to demand in court that it be carried out by the person who is entrusted with the obligation of insurance.
2. If the person charged with the insurance obligation has not implemented it or entered into an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions defined by law, he shall be liable to the beneficiary upon the occurrence of an insured event under the same conditions on which insurance indemnity shall be paid with appropriate insurance.
3. Amounts unreasonably saved by the person who is entrusted with the obligation of insurance, due to the fact that it has not fulfilled this obligation or has performed it improperly, shall be recovered at the suit of the state bodies exercising supervision in the relevant field of activity, in the income of the Russian Federation charged on these interest amounts in accordance with Article 395 of this Code.
Note:
Art. 938 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
Section 938. Insurer
As insurers, insurance contracts can be entered into by legal entities that have permits (licenses) to carry out insurance of the corresponding type.
The requirements that insurance organizations must meet, the procedure for licensing their activities and supervising these activities are determined by insurance laws.
(as amended by Federal Law of July 23, 2013 N 251-ФЗ)
Section 939. Fulfillment of obligations under the insurance contract by the insured and beneficiary
1. The conclusion of an insurance contract in favor of the beneficiary, including when it is the insured person, does not relieve the policyholder from fulfilling obligations under this contract unless the contract provides otherwise or the obligations of the policyholder are performed by the person in whose favor the contract was concluded.
2. The insurer shall have the right to demand from the beneficiary, including when the insured person is the beneficiary, to fulfill obligations under the insurance contract, including obligations that are borne by the policyholder but not fulfilled by him, upon presentation by the beneficiary of the requirement to pay insurance compensation under the property insurance contract or insurance amount under a personal insurance contract. The risk of consequences of non-fulfillment or untimely fulfillment of obligations that should have been fulfilled earlier is borne by the beneficiary.
Section 940. Insurance Contract Form
1. The insurance contract must be concluded in writing.
Failure to comply with the written form shall entail the invalidity of the insurance contract, with the exception of the compulsory state insurance contract (Article 969).
2. An insurance contract may be concluded by drawing up one document (clause 2 of Article 434) or by handing the insurer to the policyholder on the basis of his written or oral statement of the insurance policy (certificate, certificate, receipt) signed by the insurer.
In the latter case, the consent of the insurer to conclude an agreement on the conditions proposed by the insurer is confirmed by the acceptance of the documents indicated in the first paragraph of this paragraph from the insurer.
3. When concluding an insurance contract, the insurer is entitled to apply the standard contract forms (insurance policy) developed by it or by the association of insurers for certain types of insurance.
Section 941. General Insurance
1. Systematic insurance of different batches of homogeneous property (goods, cargo, etc.) on similar conditions for a certain period of time may, by agreement between the insurer and the insurer, be carried out on the basis of one insurance contract - the general policy.
2. The policyholder shall, with respect to each consignment of property falling within the scope of the general policy, inform the insurer of the information stipulated by such a policy within the time prescribed by him, and if it is not provided, immediately upon receipt. The policyholder is not exempted from this obligation, even if by the time of receipt of such information the possibility of losses 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 lots of property that are subject to the general policy.
If the content of the insurance policy does not match the general policy, the insurance policy is preferred.
Section 942. Essential terms of the insurance contract
Note:
P. 1, Art. 942 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
1. When concluding a property insurance contract between the insured and the insurer, an agreement must be reached:
1) on a certain property or other property interest that is the object of insurance;
2) on the nature of the event, in the event of the occurrence of which insurance is provided (insured event);
3) the amount of the insured amount;
4) the duration of the contract.
2. When concluding a personal insurance contract between the insured and the insurer, an agreement must be reached:
1) about the insured person;
2) on the nature of the event, in the event of the occurrence of which insurance is carried out in the life of the insured person (insured event);
3) the amount of the insured amount;
4) the duration of the contract.
Section 943. Definition of conditions of an insurance contract in insurance rules
1. The conditions on which the insurance contract is concluded may be defined in standard insurance rules of the corresponding type adopted, approved or approved by the insurer or the association 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 the contract (insurance policy) expressly indicates the application of such rules and the rules themselves are set out in one document with the contract ( insurance policy) or on its back or attached to it. In the latter case, the delivery to the policyholder upon conclusion of the contract of insurance rules must be certified by an entry in the contract.
Note:
P. 3 Art. 943 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
3. When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.
4. The policyholder (beneficiary) has the right to refer in defense of his interests to the insurance rules of the corresponding type referred to in the insurance contract (insurance policy), even if these rules are not binding on him by virtue of this article.
Section 944. Information provided by the insured upon conclusion of an insurance contract
1. When concluding an insurance contract, the insurer is obligated to inform the insurer of circumstances known to the insurer that are essential for determining the likelihood of an insured event and the size of possible losses from its occurrence (insurance risk), if these circumstances are not known and should not be known to the insurer.
In any case, circumstances that are specifically agreed upon by the insurer in the standard form of the insurance contract (insurance policy) or in his written request are deemed significant.
Note:
P. 2, Art. 944 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
2. If the insurance contract is concluded in the absence of the insured's answers to any questions of the insurer, the insurer cannot subsequently demand termination of the contract or invalidation of it on the basis that the relevant circumstances were not communicated by the insured.
Note:
P. 3 Art. 944 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
3. If, after conclusion of the insurance contract, it is established that the policyholder has provided the insurer with knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer shall have the right to demand that the contract be declared invalid and the consequences provided for in paragraph 2 of Article 179 of this Code are applied.
The insurer cannot demand invalidation of the insurance contract if the circumstances that the policyholder has omitted have already disappeared.
Section 945. The right of the insurer to assess insurance risk
1. When concluding a property insurance contract, the insurer has the right to inspect the insured property and, if necessary, to appoint an examination in order to establish its actual value.
2. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.
3. The assessment of insurance risk by the insurer on the basis of this article is not obligatory for the insured who is entitled to prove otherwise.
Section 946. Secret insurance
The insurer does not have the right to disclose information received by him as a result of his professional activity about the insured, the insured person and the beneficiary, their state of health, and also about the property status of these persons. For violation of insurance secrecy, the insurer, depending on the type of violated rights and the nature of the violation, is liable in accordance with the rules provided for in Article 139 or Article 150 of this Code.
Section 947. Sum insured
1. The amount to which the insurer undertakes to pay insurance compensation under a property insurance contract or which it undertakes to pay under a personal insurance contract (insurance amount) is determined by agreement between the insurer and the insurer in accordance with the rules provided for in this article.
2. When insuring property or entrepreneurial risk, unless otherwise provided by the insurance contract, the sum insured shall not exceed their actual value (insurance value). Such value is considered:
for property, its actual value at its location on the day the insurance contract is concluded;
for entrepreneurial risk, losses from entrepreneurial activity that the insured could be expected to have incurred upon the occurrence of an insured event.
3. In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.
Section 948. Challenging the insured value of property
The insured value of property specified in the insurance contract cannot be subsequently challenged, unless the insurer, who had not used his right to assess insurance risk before concluding the contract (clause 945), was deliberately misled about this value.
Section 949. Incomplete property insurance
If the insurance amount is set below the insured value in the property insurance or entrepreneurial risk insurance contract, the insurer is obliged to compensate the insured (beneficiary) for the part of the losses incurred by the latter in proportion to the ratio of the insured amount to the insured value.
The contract may provide for a higher amount of insurance compensation, but not higher than the insurance value.
Note:
Art. 950 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
Section 950. Additional property insurance
1. In the event that property or entrepreneurial risk is insured only in terms of the insured value, the policyholder (beneficiary) has the right to carry out additional insurance, including with another insurer, but so that the total 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 shall entail the consequences provided for by paragraph 4 of Article 951 of this Code.
Section 951. Consequences of insurance in excess of insurance value
1. If the sum insured specified in the property or business risk insurance contract exceeds the insured value, the contract is void in that part of the insured amount that exceeds the insured value.
The excess part of the insurance premium paid is not refundable in this case.
2. If, in accordance with the insurance contract, the insurance premium is paid in installments and by the time the circumstances specified in paragraph 1 of this article are established, it has not been fully paid, the remaining insurance premiums must be paid in an amount reduced in proportion to the decrease in the sum insured.
3. If the overstatement of the sum insured in the insurance contract was a result of fraud on the part of the policyholder, the insurer has the right to demand recognition of the contract invalid and compensation for the losses caused to it in an amount exceeding the amount of the insurance premium received by him from the policyholder.
4. The rules provided for in paragraphs 1 to 3 of this article shall also apply if the insured amount has exceeded the insurance value as a result of insurance of the same object with two or more insurers (double insurance).
The amount of insurance compensation payable in this case by each of the insurers is reduced in proportion to the decrease in the initial insurance amount under the relevant insurance contract.
Section 952. Property insurance against various insurance risks
1. Property and entrepreneurial risk may be insured against different insurance risks both under one and under separate insurance contracts, including under contracts with different insurers.
In these cases, the excess of the total insurance amount under all contracts over the insurance value is allowed.
2. If the obligation of the insurers to pay insurance compensation for the same consequences of the occurrence of the same insured event arises from two or more contracts concluded in accordance with paragraph 1 of this article, the rules provided for in paragraph 4 apply to such contracts in the relevant part Article 951 of this Code.
Section 953. Co-insurance
The insurance object may be insured under one insurance contract jointly by several insurers (co-insurance). If the rights and obligations of each of the insurers are not defined in such an agreement, they shall be jointly and severally liable to the insured (beneficiary) for payment of insurance compensation under the property insurance agreement or insurance amount under the personal insurance agreement.
Section 954. Insurance premium and insurance premiums
1. An insurance premium is understood as a payment for insurance that the policyholder (beneficiary) is obligated to pay to the insurer in the manner and within the time periods established by the insurance contract.
2. The insurer, when determining the amount of the insurance premium payable under the insurance contract, shall be entitled to apply the insurance tariffs it has developed, which determine the premium charged from the insurance amount unit, taking into account the insurance object and the nature of the insurance risk.
In cases provided for by law, the size of the insurance premium is determined in accordance with insurance rates established or regulated by the insurance supervisory authorities.
(as amended by Federal Law of July 23, 2013 N 251-ФЗ)
3. If the insurance contract provides for the payment of an installment insurance premium, the contract may determine the consequences of non-payment of regular insurance premiums by the due date.
4. If the insured event occurs before the payment of the next insurance premium, the payment of which is overdue, the insurer is entitled to determine the amount of the overdue insurance premium when determining the size of the insurance indemnity payable under the property insurance contract or the insurance amount under the personal insurance contract.
Section 955. Replacement of the insured
1. In the event that under the risk insurance contract of liability for harm (Article 931), the liability of a person other than the policyholder is insured, the latter is entitled, unless otherwise provided by the contract, at any time before the occurrence of the insured event to replace this person with a written notification of this insurer.
2. The insured person named in the personal insurance contract may be replaced by the insured by another person only with the consent of the insured person and the insurer.
Note:
Art. 956 does not apply to insurance of export loans and investments from business and political risks (Federal Law of May 17, 2007 No. 82-ФЗ).
Section 956. Beneficiary replacement
The policyholder has the right to replace the beneficiary named in the insurance contract with another person, having notified the insurer in writing about this. Replacement of a beneficiary under a personal insurance contract appointed with the consent of the insured person (clause 2 of Article 934) is allowed only with the consent of this person.
Note:
The prohibition provided by this norm cannot apply to cases when the replacement of the beneficiary occurs of his own free will according to the rules of Chapter 24 of the Civil Code of the Russian Federation (Review of practice, approved by the Presidium of the Supreme Court of the Russian Federation on 06.22.2016).
The beneficiary cannot be replaced by another person after he has fulfilled any of the obligations under the insurance contract or submitted to the insurer a demand for payment of insurance compensation or insurance amount.
Section 957. Start of insurance contract
1. An insurance contract, unless otherwise provided therein, shall enter into force upon payment of the insurance premium or its first installment.
2. Insurance stipulated by the insurance contract extends to insured events that occurred after the insurance contract entered into force, unless a different time period for the insurance to commence is stipulated in the contract.
Section 958. Early termination of insurance contract
1. The insurance contract is terminated before the expiration of the period for which it was concluded if, after its entry into force, the possibility of the occurrence of an insured event has disappeared and the existence of the insurance risk has ceased due to circumstances other than the insured event. Such circumstances include, but are not limited to:
death of the insured property for reasons other than the occurrence of the insured event;
termination in the prescribed manner of entrepreneurial activity by a person who has insured an entrepreneurial risk or civil liability risk associated with this activity.
2. The policyholder (beneficiary) has the right to withdraw from the insurance contract at any time if, at the time of refusal, the possibility of an insured event has not disappeared due to the circumstances specified in paragraph 1 of this article.
3. In case of early termination of the insurance contract due to the circumstances specified in paragraph 1 of this article, the insurer is entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.
In case of early termination of the policyholder (beneficiary) from the insurance contract, the insurance premium paid to the insurer is not refundable unless otherwise provided by the contract.
Section 959. The consequences of an increase in insurance risk during the term of the insurance contract
1. During the validity period of the property insurance contract, the policyholder (beneficiary) is obliged to immediately inform the insurer of significant changes that became known to him in the circumstances communicated to the insurer upon conclusion of the contract, if these changes can significantly affect the increase in insurance risk.
In any case, significant changes are those stipulated in the insurance contract (insurance policy) and in the insurance rules transferred to the insured.
2. An insurer notified of circumstances leading to an increase in insurance risk is entitled to demand a change in the terms of the insurance contract or payment of an additional insurance premium commensurate with the increase in risk.
If the policyholder (beneficiary) objects to a change in the terms of the insurance contract or premium insurance premium, the insurer has the right to demand termination of the contract in accordance with the rules provided for in Chapter 29 of this Code.
3. If the policyholder or the beneficiary does not fulfill the obligations provided for in paragraph 1 of this article, the insurer shall have the right to demand termination of the insurance contract and compensation for losses caused by termination of the contract (paragraph 5 of Article 453).
4. The insurer is not entitled to demand the termination of the insurance contract if the circumstances entailing an increase in insurance risk have already disappeared.
5. In case of personal insurance, the consequences of changes in insurance risk during the term of the insurance contract specified in clauses 2 and 3 of this article may occur only if they are expressly provided for in the contract.
Section 960. Transfer of rights to the insured property to another person
Upon transfer of rights to the insured property from the person in whose interests the insurance contract was concluded, to another person, the rights and obligations under this contract shall be transferred to the person to whom the rights to property have been transferred, with the exception of cases of forced withdrawal of property on the grounds specified in clause 2 Article 235 of this Code, and waiver of ownership (Article 236).
The person to whom the rights to the insured property are transferred must immediately notify the insurer in writing.
Section 961. Insurer notification of an insured event
1. The policyholder under a property insurance contract, after he becomes aware of the occurrence of an insured event, is obligated to immediately notify the insurer or his representative of his occurrence. If the contract provides for a deadline and (or) method of notification, it must be done at the agreed time and in the manner specified in the contract.
The same obligation lies with the beneficiary who is aware of the conclusion of an insurance contract in his favor if he intends to exercise the right to insurance compensation.
2. Failure to fulfill the obligation provided for in paragraph 1 of this article gives the insurer the right to refuse to pay insurance compensation if it is not proved that the insurer learned about the occurrence of the insured event in a timely manner or that the insurer did not have information about this could not affect its obligation to pay insurance compensation .
3. The rules provided for in paragraphs 1 and 2 of this article, respectively, apply to a personal insurance contract if the insured event is the death of the insured person or damage to his health. At the same time, the term for notification of the insurer established by the contract may not be less than thirty days.
Section 962. Reduction of losses from an insured event
1. Upon the occurrence of an insured event stipulated by the property insurance contract, the policyholder shall take reasonable and accessible measures in the circumstances to reduce possible losses.
Taking such measures, the policyholder must follow the instructions of the insurer, if they are reported to the policyholder.
2. Expenses in order to reduce losses to be reimbursed by the insurer, if such expenses were necessary or were made to comply with the instructions of the insurer, shall be reimbursed by the insurer, even if the relevant measures were unsuccessful.
Such expenses shall be reimbursed in proportion to the ratio of the insured amount to the insured value, regardless of the fact that, together with the compensation of other losses, they may exceed the insured amount.
3. The insurer is exempted from compensation for losses arising from the fact that the policyholder intentionally did not take reasonable and accessible measures to reduce possible losses.
Section 963. Consequences of an insured event due to the fault of the insured, beneficiary or insured person
1. The insurer shall be exempted from the payment of insurance compensation or the insured amount if the insured event occurs due to the intent of the insured, beneficiary or the insured person, with the exception of cases provided for in paragraphs 2 and 3 of this article.
The law may provide for cases when the insurer is exempted from paying insurance compensation under property insurance contracts in the event of an insured event due to gross negligence of the insured or beneficiary.
2. The insurer shall not be exempted from the payment of insurance compensation under a civil liability insurance contract for harm to life or health if the damage was caused through the fault of the person responsible for it.
3. The insurer is not exempted from the payment of the sum insured, which under the personal insurance contract is payable in the event of the death of the insured person, if his death occurred as a result of suicide and by that time the insurance contract had been valid for at least two years.
Section 964. Grounds for exemption of the insurer from the payment of insurance compensation and insurance amount
1. Unless otherwise provided by law or an insurance contract, the insurer shall be exempted from payment of insurance compensation and the insurance amount when the insured event occurs as a result of:
exposure to a nuclear explosion, radiation or radioactive infection;
military operations, as well as maneuvers or other military events;
civil war, popular unrest of any kind or strikes.
2. Unless otherwise provided by the contract of property insurance, the insurer shall be exempted from paying insurance compensation for losses arising from the seizure, confiscation, requisition, seizure or destruction of the insured property by order of state authorities.
Section 965. Transfer to the insurer of the rights of the insured to compensation for damage (subrogation)
1. Unless otherwise provided by the contract of property insurance, the insurer who paid the insurance indemnity shall, within the limits of the amount paid, transfer the right of claim that the insured (beneficiary) has to the person responsible for the losses reimbursed as a result of the insurance. However, the condition of the contract excluding the transfer to the insurer of the right to claim against the person who intentionally caused losses is void.
2. The right of claim transferred to the insurer is exercised by him in compliance with the rules governing the relationship between the insured (beneficiary) and the person responsible for the losses.
3. The policyholder (beneficiary) is obliged to transfer to the insurer all documents and evidence and to inform him of all the information necessary for the insurer to exercise the right of claim transferred to him.
4. If the policyholder (beneficiary) renounced his right to claim against the person responsible for the losses reimbursed by the insurer, or the exercise of this right became impossible due to the fault of the policyholder (beneficiary), the insurer is exempted from paying the insurance indemnity in full or in the relevant part and has the right to demand a refund excessively paid reimbursement amount.
Section 966. Statute of limitations on claims related to property insurance
(as amended by the Federal Law of 04.11.2007 N 251-ФЗ)
1. The limitation period for claims arising from a property insurance contract, with the exception of a liability risk insurance contract for obligations arising from harm to the life, health or property of others, is two years.
2. The limitation period for claims arising from a liability risk insurance contract for obligations arising from harm to the life, health or property of others is three years (Article 196).
Section 967. Reinsurance
1. The risk of payment of insurance compensation or the insurance amount assumed by the insurer under an insurance contract may be insured by him in whole or in part with another insurer (s) under a reinsurance contract concluded with the latter.
2. The rules provided for in this chapter shall be applied to the reinsurance contract, to be applied in respect of insurance of entrepreneurial risk, unless otherwise provided by the reinsurance contract. In this case, the insurer under the insurance contract (the main contract), which concluded the reinsurance contract, is considered the insured in this last contract.
3. In case of reinsurance, the insurer under this agreement remains liable to the policyholder under the main insurance contract for payment of insurance compensation or the insurance amount.
4. Consecutive conclusion of two or several reinsurance contracts is allowed.
Section 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 reciprocal basis by combining the necessary funds in mutual insurance companies.
2. Mutual insurance companies carry out insurance of property and other property interests of their members and are non-profit organizations.
Features of the legal status of mutual insurance societies and the conditions for their activities are determined in accordance with this Code by the law on mutual insurance.
3. Insurance by mutual insurance companies and property interests of their members is carried out directly on the basis of membership, unless the charter of the company provides for the conclusion of insurance contracts in these cases.
(as amended by Federal law of 05.23.2016 N 146-ФЗ)
The rules provided for in this chapter shall apply to insurance relations between a mutual insurance company and its members, unless otherwise provided by the law on mutual insurance.
(as amended by the Federal Law of 29.11.2007 N 287-ФЗ)
4. The implementation of compulsory insurance through mutual insurance is allowed in cases stipulated by the law on mutual insurance.
5. Lost power. - Federal Law of 29.11.2007 N 287-ФЗ.
Section 969. Compulsory state insurance
1. In order to ensure the social interests of 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 state insurance is carried out at the expense of funds allocated for these purposes from the corresponding budget to ministries and other federal executive bodies (policyholders).
2. Obligatory state insurance is carried out directly on the basis of laws and other legal acts on such insurance by state insurance organizations or other state organizations (insurers) indicated in these acts or on the basis of insurance contracts concluded by insurers and policyholders in accordance with these acts.
3. Compulsory state insurance is paid by insurers in the amount determined by laws and other legal acts on such insurance.
4. The rules provided for in this chapter shall apply to compulsory state insurance, unless otherwise provided by laws and other legal acts on such insurance and does not follow from the essence of the relevant insurance relations.
Section 970. Application of general insurance rules to special types of insurance
The rules provided for in this chapter apply to relations on insurance of foreign investments against non-commercial risks, marine insurance, medical insurance, bank deposit insurance, pension insurance and insurance of export loans and investment against business and (or) political risks insofar as laws on these types insurance and Federal Law of May 17, 2007 N 82-ФЗ "On the Development Bank" does not establish otherwise.
Civil Code of the Russian Federation (Civil Code) of 01/26/1996 N 14-ФЗ - Part 2
Chapter 48. Insurance
Article 927. Voluntary and Compulsory Insurance
1. Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (policyholder) with an insurance organization (insurer).
A personal insurance contract is a public contract (Article 426).
2. In cases where the law stipulates the persons indicated in it to insure the life, health or property of others as their insurers or their civil liability to other persons at their own expense or at the expense of interested parties (compulsory insurance), insurance shall be carried out by concluding contracts in accordance with the rules of this chapter. For insurers, the conclusion of insurance contracts on the terms proposed by the insured is not mandatory.
3. The law may provide for cases of compulsory insurance of life, health and property of citizens at the expense of funds provided from the corresponding budget (compulsory state insurance).
Article 928. Interests whose insurance is not allowed
1. Insurance of unlawful interests is not allowed.
2. Loss insurance against participation in games, lotteries and bets is not allowed.
3. Insurance of expenses to which a person may be forced to release hostages is not allowed.
4. The terms of insurance contracts that contradict clauses 1 to 3 of this article are void.
Article 929. Property Insurance Contract
1. Under a property insurance contract, one party (the insurer) undertakes to compensate the other party (the insured) or another person for whose benefit the contract is concluded (to the beneficiary) upon the occurrence of the event (insured event) specified in the contract as a result of this event, losses in the insured property or losses in connection with other property interests of the insured (pay insurance indemnity) within the amount specified by the contract (insurance Ummah).
2. Under the property insurance contract, the following property interests may be insured, in particular:
1) the risk of loss (loss), shortage or damage to certain property (Article 930);
2) the risk of liability for obligations arising from harm to the life, health or property of others, and in cases provided by law, also 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 by the counterparties of the entrepreneur or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (Article 933).
Article 930. Property Insurance
1. Property may be insured under an insurance contract in favor of a person (policyholder or beneficiary) who has an interest in the preservation of this property based on law, other legal act or contract.
2. The property insurance contract concluded in the absence of the interest of the insured or the beneficiary in the preservation of the insured property is invalid.
3. The property insurance contract for the benefit of the beneficiary may be concluded without indicating the name or the name of the beneficiary (insurance “at the expense of whom”).
Upon conclusion of such an agreement, the policyholder shall be provided with a bearer insurance policy. When the policyholder or beneficiary exercises the rights under such an agreement, it is necessary to present this policy to the insurer.
Article 931. Liability for harm
1. Under a liability risk insurance contract for obligations arising from damage to the life, health or property of others, the risk of liability of the policyholder or another person to whom such liability may be imposed may be insured.
2. A person whose risk of liability for harm is insured must be indicated in the insurance contract. If this person is not named in the contract, the risk of liability of the insured is considered insured.
3. The contract of insurance of risk of liability for harm is deemed concluded in favor of persons who may be harmed (beneficiaries), even if the contract is concluded in favor of the insured or another person responsible for the harm, or the contract does not say in whose favor it concluded.
4. In the event that the liability for harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the insurance contract of such liability, the person in whose favor the insurance contract is deemed to be concluded has the right to present a claim to the insurer directly indemnification within the insured amount.
Article 932. Contract liability insurance
1. Liability insurance for breach of contract is permitted in cases provided by law.
2. Under the contract of insurance of the risk of liability for breach of the contract, only the risk of liability of the policyholder may be insured. An insurance contract that does not meet this requirement is void.
3. The risk of liability for breach of the contract is considered insured in favor of the party to which, under the terms of this contract, the insured must bear the corresponding responsibility of the beneficiary, even if the insurance contract is concluded in favor of another person or it does not say in whose favor it was concluded.
Article 933. Business Risk Insurance
Under an entrepreneurial risk insurance contract, entrepreneurial risk can only be insured by the insured himself and only in his favor.
The contract of insurance of entrepreneurial risk of a person who is not the insured is void.
The contract of insurance of entrepreneurial risk in favor of a person who is not the policyholder is considered concluded in favor of the policyholder.
Section 934. Personal Insurance Contract
1. Under a personal insurance contract, one party (the insurer) undertakes, for the fee stipulated by the contract (insurance premium) paid by the other party (the policyholder), to pay a lump sum or to pay the amount (insurance amount) periodically stipulated by the contract in case of damage to the life or health of the policyholder or another citizen named in the contract (the insured person), achievement of a certain age by him or the occurrence in his life of another event stipulated by the contract (insured event).
The right to receive the insurance amount belongs to the person in whose favor the contract is concluded.
2. A personal insurance contract shall be deemed concluded in favor of the insured person, unless another person is specified in the contract as a beneficiary. In the event of the death of a person insured under an agreement in which no other beneficiary is named, the heirs of the insured person shall be recognized as beneficiaries.
A personal insurance contract in favor of a person who is not the insured person, including in favor of the insured who is not the insured person, may be concluded only with the written consent of the insured person. In the absence of such consent, the contract may be invalidated at the suit of the insured person, and in the event of the death of this person at the suit of his heirs.
Section 935. Compulsory Insurance
1. By law, the persons indicated in it may be obligated to insure:
life, health or property of other persons specified by law in case of harm to their life, health or property;
the risk of their civil liability, which may arise as a result of harm to the life, health or property of others or a breach of contracts with other persons.
2. The obligation to insure your life or health cannot be assigned to a citizen by law.
3. In the cases provided for by law or in the manner prescribed by it, legal entities holding state or municipal property in economic or operational management may be obligated to insure this property.
4. In cases where the obligation of insurance does not follow from the law, but is based on a contract, including the obligation to insure property - on a contract with the owner of the property or on the constituent documents of the legal entity that 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 the person who is entrusted with the obligation of such insurance (the policyholder) with the insurer.
2. Compulsory insurance is carried out at the expense of the insured.
(as amended by the Federal Law of 14.06.2012 N 78-FZ)
(see text in previous edition)
3. Objects subject to compulsory insurance, the risks against which they should be insured, and the minimum amount of insurance sums are determined by law, and in the case provided for in paragraph 3 of Article 935 of this Code, by law or in the manner established by it.
Article 937. Consequences of violation of compulsory insurance rules
1. A person in whose favor compulsory insurance is required by law shall have the right, if he is aware that insurance has not been carried out, to demand in court that it be carried out by the person who is entrusted with the obligation of insurance.
2. If the person who is entrusted with the insurance obligation has not implemented it or entered into an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions defined by law, he shall be liable to the beneficiary upon the occurrence of an insured event under the same conditions on which insurance indemnity shall be paid with appropriate insurance.
3. Amounts unreasonably saved by the person who is entrusted with the insurance obligation due to the fact that he has not fulfilled this obligation or performed it improperly shall be recovered at the suit of the state insurance supervision authorities in the income of the Russian Federation with interest calculated on these amounts in accordance with Article 395 of this Code.
Article 938. Insurer
As insurers, insurance contracts can be entered into by legal entities that have permits (licenses) to carry out insurance of the corresponding type.
The requirements that insurance organizations must meet, the procedure for licensing their activities and the implementation of state supervision of these activities are determined by insurance laws.
Article 939. Fulfillment of Obligations under an Insurance Contract by the Insured and Beneficiary
1. The conclusion of an insurance contract in favor of the beneficiary, including when it is the insured person, does not relieve the policyholder from the performance of obligations under this contract, unless otherwise provided by the contract or the obligations of the policyholder are performed by the person in whose favor the contract was concluded.
2. The insurer shall have the right to demand from the beneficiary, including when the insured person is the beneficiary, to fulfill obligations under the insurance contract, including obligations that are borne by the policyholder but not fulfilled by him, upon presentation by the beneficiary of the requirement to pay insurance compensation under the property insurance contract or insurance amount under a personal insurance contract. The risk of consequences of non-fulfillment or untimely fulfillment of obligations that should have been fulfilled earlier is borne by the beneficiary.
Article 940. Insurance contract form
1. The insurance contract must be concluded in writing.
Failure to comply with the written form shall entail the invalidity of the insurance contract, with the exception of the compulsory state insurance contract (Article 969).
2. An insurance contract may be concluded by drawing up one document (clause 2 of Article 434) or by handing the insurer to the policyholder on the basis of his written or oral statement of the insurance policy (certificate, certificate, receipt) signed by the insurer.
In the latter case, the policyholder’s consent to conclude an agreement on the terms proposed by the insurer is confirmed by the acceptance of the documents indicated in the first paragraph of this paragraph from the insurer.
3. When concluding an insurance contract, the insurer is entitled to apply the standard contract forms (insurance policy) developed by it or by the association of insurers for certain types of insurance.
Article 941. General Policy Insurance
1. Systematic insurance of different batches of homogeneous property (goods, goods, etc.) on similar conditions for a certain period of time can be carried out by agreement of the insured with the insurer on the basis of one insurance contract - the general policy.
2. The policyholder shall, with respect to each consignment of property subject to the general policy, inform the insurer of the information stipulated by such a policy within the time prescribed by him, and if it is not provided, immediately upon receipt. The policyholder is not exempted from this obligation, even if by the time of receipt of such information the possibility of losses 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 lots of property that are subject to the general policy.
If the content of the insurance policy does not match the general policy, the insurance policy is preferred.
Article 942. Essential conditions of an insurance contract
1. When concluding a property insurance contract between the insured and the insurer, an agreement must be reached:
1) on a certain property or other property interest that is the object of insurance;
2) on the nature of the event, in the event of the occurrence of which insurance is carried out (insured event);
3) the amount of the insured amount;
4) the duration of the contract.
2. When concluding a personal insurance contract between the insured and the insurer, an agreement must be reached:
1) about the insured person;
2) on the nature of the event, in the event of the occurrence of which, the life of the insured person is insured (insured event);
3) the amount of the insured amount;
4) the duration of the contract.
Article 943. Definition of the terms of the insurance contract in the insurance rules
1. The conditions on which the insurance contract is concluded may be defined in standard insurance rules of the corresponding type adopted, approved or approved by the insurer or the association 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 the contract (insurance policy) expressly indicates the application of such rules and the rules themselves are set out in one document with the contract ( insurance policy) or on its back or attached to it. In the latter case, the delivery to the policyholder upon conclusion of the contract of insurance rules must be certified by an entry in the contract.
3. When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.
4. The policyholder (beneficiary) has the right to refer in defense of his interests to the insurance rules of the corresponding type referred to in the insurance contract (insurance policy), even if these rules are not binding on him by virtue of this article.
Article 944. Information provided by the insured upon conclusion of an insurance contract
1. When concluding an insurance contract, the insurer is obligated to inform the insurer of circumstances known to the insurer that are essential for determining the likelihood of an insured event and the size of possible losses from its occurrence (insurance risk), if these circumstances are not known and should not be known to the insurer.
In any case, circumstances that are specifically agreed upon by the insurer in the standard form of the insurance contract (insurance policy) or in his written request are deemed significant.
2. If the insurance contract is concluded in the absence of the insured's answers to any questions of the insurer, the insurer cannot subsequently demand termination of the contract or invalidation of it on the basis that the relevant circumstances were not communicated by the insured.
3. If, after concluding an insurance contract, it is established that the policyholder has provided the insurer with knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer shall have the right to demand that the contract be declared invalid and the consequences provided for in paragraph 2 of Article 179 of this Code are applied.
The insurer cannot demand invalidation of the insurance contract if the circumstances that the policyholder has omitted have already disappeared.
Article 945. The right of the insurer to assess insurance risk
1. When concluding a property insurance contract, the insurer has the right to inspect the insured property and, if necessary, to appoint an examination in order to establish its actual value.
2. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.
3. The assessment of insurance risk by the insurer on the basis of this article is not obligatory for the insured who is entitled to prove otherwise.
Article 946. Secret Insurance
The insurer does not have the right to disclose information received by him as a result of his professional activity about the insured, the insured person and the beneficiary, the state of their health, as well as the property status of these persons. For violation of insurance secrecy, the insurer, depending on the type of violated rights and the nature of the violation, is liable in accordance with the rules provided for in Article 139 or Article 150 of this Code.
Article 947. Sum Insured
1. The amount to which the insurer undertakes to pay insurance compensation under a property insurance contract or which it undertakes to pay under a personal insurance contract (insurance amount) is determined by agreement between the insurer and the insurer in accordance with the rules provided for in this article.
2. When insuring property or entrepreneurial risk, unless otherwise provided by the insurance contract, the sum insured shall not exceed their actual value (insurance value). Such value is considered:
for property, its actual value at its location on the day the insurance contract is concluded;
for entrepreneurial risk, losses from entrepreneurial activity that the insured could be expected to have incurred upon the occurrence of an insured event.
3. In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.
Article 948. Challenging the Insured Value of Property
The insured value of property specified in the insurance contract cannot be subsequently challenged, unless the insurer, who had not used his right to assess insurance risk before concluding the contract (clause 945), was deliberately misled about this value.
Article 949. Incomplete Property Insurance
If the insurance amount is set below the insured value in the property insurance or entrepreneurial risk insurance contract, the insurer is obliged to compensate the insured (beneficiary) for the part of the losses incurred by the latter in proportion to the ratio of the insured amount to the insured value.
The contract may provide for a higher amount of insurance compensation, but not higher than the insurance value.
Article 950. Additional Property Insurance
1. In the event that property or entrepreneurial risk is insured only in terms of the insured value, the policyholder (beneficiary) has the right to carry out additional insurance, including with another insurer, but so that the total 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 shall entail the consequences provided for by paragraph 4 of Article 951 of this Code.
Section 951. Consequences of Insurance Over the Insured Value
1. If the sum insured specified in the property or business risk insurance contract exceeds the insured value, the contract is void in that part of the insured amount that exceeds the insured value.
The excess part of the insurance premium paid is not refundable in this case.
2. If, in accordance with the insurance contract, the insurance premium is paid in installments and by the time the circumstances specified in paragraph 1 of this article are established, it has not been fully paid, the remaining insurance premiums must be paid in an amount reduced in proportion to the decrease in the sum insured.
3. If the overestimation of the sum insured in the insurance contract was a result of fraud on the part of the policyholder, the insurer has the right to demand recognition of the contract invalid and compensation for the losses caused to it in an amount exceeding the amount of insurance premium received by him from the policyholder.
4. The rules provided for in paragraphs 1 - 3 of this article shall also apply if the insured amount has exceeded the insurance value as a result of insurance of the same object with two or more insurers (double insurance).
The amount of insurance compensation payable in this case by each of the insurers is reduced in proportion to the decrease in the initial insurance amount under the relevant insurance contract.
Article 952. Property insurance against various insurance risks.
1. Property and entrepreneurial risk may be insured against different insurance risks both under one and under separate insurance contracts, including under contracts with different insurers.
In these cases, the excess of the total insurance amount under all contracts over the insurance value is allowed.
2. If the obligation of the insurers to pay insurance indemnity for the same consequences of the same insured event arises from two or more contracts concluded in accordance with clause 1 of this article, the rules provided for in clause 4 apply to such contracts in the relevant part Article 951 of this Code.
Section 953. Co-insurance
The insurance object may be insured under one insurance contract jointly by several insurers (co-insurance). If the rights and obligations of each of the insurers are not defined in such an agreement, they shall be jointly and severally liable to the insured (beneficiary) for payment of insurance compensation under the property insurance agreement or insurance amount under the personal insurance agreement.
Section 954. Insurance Premium and Insurance Contributions
1. An insurance premium is understood as a payment for insurance that the policyholder (beneficiary) is obligated to pay to the insurer in the manner and within the time periods established by the insurance contract.
2. The insurer, when determining the amount of the insurance premium payable under the insurance contract, shall be entitled to apply the insurance tariffs it has developed, which determine the premium charged from the insurance amount unit, taking into account the insurance object and the nature of the insurance risk.
Consultant Plus: note.
In accordance with the Law of the Russian Federation of November 27, 1992 N 4015-1, insurance rates for types of compulsory insurance are established in accordance with federal laws on specific types of compulsory insurance.
In cases prescribed by law, the size of the insurance premium is determined in accordance with insurance rates established or regulated by the state insurance supervision authorities.
3. If the insurance contract provides for the payment of an installment insurance premium, the contract may determine the consequences of non-payment of regular insurance premiums by the due date.
4. If the insured event occurred before the payment of the next insurance premium, the payment of which is overdue, the insurer is entitled to determine the amount of the overdue insurance premium when determining the amount of insurance indemnity payable under the property insurance contract or the insurance amount under the personal insurance contract.
Section 955. Replacement of the Insured
1. In the event that under the risk insurance contract of liability for harm (Article 931), the liability of a person other than the policyholder is insured, the latter is entitled, unless otherwise provided by the contract, at any time before the occurrence of the insured event to replace this person with a written notification of this insurer.
2. The insured person named in the personal insurance contract may be replaced by the insured by another person only with the consent of the insured person and the insurer.
Section 956. Replacement of Beneficiary
The policyholder has the right to replace the beneficiary named in the insurance contract with another person, having notified the insurer in writing about this. Replacement of a beneficiary under a personal insurance contract appointed with the consent of the insured person (clause 2 of Article 934) is allowed only with the consent of this person.