Being participants in various legal relations and making various transactions aimed at satisfying our personal needs, and not at making a profit, including by buying certain goods, using certain services, we - individuals, one way or another we act as final consumers of goods (services). And at the same time, we not only bear certain obligations, but also have a certain amount of rights enshrined in legislation. But you must admit that often, simply because of consumers' ignorance of their rights, negative financial consequences can arise.

Analyzing the issues that customers-consumers addressed to our company, as well as studying judicial practice, we decided to touch upon this article the most popular, in our opinion, type of consumer delusion and the most common form of bank dishonesty. Namely, the inclusion in the loan agreement of a condition on the obligatory life and health insurance of the borrower. In the context of the current financial crisis, it seems to us that this is one of the most topical topics.

How do bankers impose an insurance service?

Let's start with the fact that the so-called insurance service in the documents submitted to you by the bank for filling out is, at first glance, voluntary. However, in practice, bank representatives do not ask about your desire / unwillingness to insure your life and health. They simply hand over the documents, indicating where the borrower should sign.

Moreover, you may not immediately notice that the cost of insurance is already included in the loan amount and is also distributed over monthly payments. It is also possible that you will not be offered to sign anything additionally, and the insurance condition will be written in the loan agreement (in small print under an asterisk). With the same few responsible and so-called meticulous consumers who managed to uncover the fraud, banks simply refuse to enter into contracts. And this decision will be quite reasonable, because according to the law, the bank has the right to refuse to issue a loan to you without explaining the reasons.

What does the law say about insurance under a loan agreement?

Let us consider in more detail, nevertheless, the legislative component of this issue, the position Federal Service on supervision in the field of consumer protection and human well-being (Rospotrebnadzor), as well as analyze judicial practice.

As follows from the usually concluded loan agreements, the condition on the borrower's instruction to transfer part of the loan Money as payment under the insurance agreement is determined by banks in the standard form of the loan agreement. And it should be accepted by the borrower only by joining the proposed agreement as a whole. Banks usually do not even hide the affiliation of the insurer, because the name of the insurance company, as a rule, is very similar to the name of the bank.

According to paragraph 1 of Art. 421 of the Civil Code of the Russian Federation citizens and legal entities free to enter into a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this Code, the law or a voluntarily assumed obligation.

In addition, in accordance with paragraph 4 of Art. 3 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 “On the organization of insurance business in Russian Federation» conditions and procedure for implementation compulsory insurance determined by federal laws on specific types of compulsory insurance. Within the framework of credit relations between the consumer and the bank, the legislation establishes only one case of mandatory insurance by virtue of the law, namely insurance only in the event of a mortgage risk associated with damage or loss of real estate. This insurance is mandatory by virtue of paragraph 1 of Art. 31 of the Law "On Mortgage (Pledge of Real Estate)" dated July 16, 1998 N 102-FZ (hereinafter - No. 102-FZ). Insure the life of the borrower under the usual loan agreement not necessary.

In accordance with Art. 16 of the Law "On Protection of Consumer Rights" dated February 7, 1992 No. 2300-1 (hereinafter - Law No. 2300-1), the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of protection of rights consumers are invalid. At the same time, it is forbidden to link the purchase of one goods (works, services) compulsory acquisition other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) shall be compensated by the seller (executor) in in full.

Thus, imposing Additional services in the form of insurance and not issuing a loan without purchasing insurance policy life insurance, the credit institution violates the rights of consumers. In turn, an agreement, the terms of which contradict the requirements of the law, is invalid and, accordingly, has no legal consequences, does not give rise to rights and obligations for the parties to the agreement (Articles 167, 168 of the Civil Code of the Russian Federation).

The right to insurance in a loan agreement: how should it be?

According to paragraph 2 of Art. 7 of the Federal Law of December 21, 2013 No. 353-FZ "On consumer credit (loan)" (hereinafter - No. 353-FZ) if, when providing consumer credit(loan) the borrower is offered for a fee additional services provided by the lender and (or) third parties, including life and (or) health insurance of the borrower in favor of the lender, as well as other insurable interest of the borrower, an application for the provision of a consumer loan (loan ) in the form established by the lender, containing the consent of the borrower to provide him with such services, including the conclusion of other agreements that the borrower is obliged to conclude in connection with the consumer credit (loan) agreement.

The creditor in the application for the provision of a consumer credit (loan) is obliged to indicate the cost of the additional service of the creditor offered for a separate fee and must ensure that the borrower is able to agree or refuse to provide him with such an additional service for a separate fee. Including through the conclusion of other agreements that the borrower is obliged to conclude in connection with the consumer credit (loan) agreement.

Thus, the consumer should be given the opportunity to either agree or refuse to include this type of service in the loan agreement for additional fee. The inclusion of a life and health insurance clause in a loan agreement violates your rights if you are unable to conclude a loan agreement with the bank without this condition. In this case, the bank can be held administratively liable on the basis of Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (clause 8 of the Review judicial practice, approved informational letter Presidium of the Supreme Arbitration Court of the Russian Federation dated September 13, 2011 No. 146).

At the same time, it is important for consumers to know that in order to bring the bank to administrative responsibility, it is necessary to contact Rospotrebnadzor or its territorial department.

At the same time, the legislator provided for in Part 11 of Art. 7 of Law No. 353-FZ, the situation is that if the consumer has entered into a consumer loan agreement with the condition of life insurance, the lender is entitled to increase the interest rate on the loan issued to the level of the interest rate specified in the agreements, where the conclusion of an insurance agreement is not mandatory.

Thus, if the borrower has not fulfilled the mandatory insurance condition within 30 days, then the loan rate will be increased for him as if the contract did not provide for compulsory insurance. In addition, the lender has the right to demand early termination of the consumer loan agreement and (or) the return of the entire remaining amount of the consumer loan, if the borrower has not fulfilled the insurance obligations for more than 30 days (except for the case when a decision is made to increase the interest rate). Thus, the consumer, agreeing to the insurance condition, undertakes financial obligations for making insurance payments.

Rospotrebnadzor on insurance under a loan agreement

Rospotrebnadzor adheres to the position that life and health insurance when concluding a loan agreement is a right, and not an obligation, of the consumer, since insurance is an independent service in relation to lending. The obligation to insure one's life or health cannot be assigned to a citizen, and personal insurance will be considered imposed on the consumer if the consumer was unable to obtain a loan without this service. Consequently, making the conclusion of a loan agreement conditional on life and health insurance of the borrower infringes on the rights of consumers.

Courts on insurance under a loan agreement

If we turn to judicial practice, then there are various positions of the courts, some of which we will consider.

1. The position according to which the condition of the loan agreement on compulsory imprisonment the life and disability insurance contract of the borrower does not violate the rights of consumers, if the borrower had the opportunity to conclude a loan agreement with the bank without the specified condition.

At the same time, it is indicated that if the consumer refused to conclude a loan agreement with insurance, the bank has the right to establish a higher interest rate. This position is reflected in the Decree Supreme Court RF of 04/03/2015 in case No. 307-AD15-1698, A05-10422/2014, as well as in the Decree of the FAS of the Volga-Vyatka District of 02/07/2014 in case No. A31-6383/2013.

Also, the lender may refuse to issue a consumer loan (loan) to the borrower if he refuses to conclude an insurance contract (part 5 of article 7 of Law No. 353-FZ).

2. The position according to which the term of the loan agreement on compulsory insurance violates the rights of consumers (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated April 5, 2012 in case No. A43-12748 / 2011, Resolution of the Federal Antimonopoly Service of the East Siberian District dated December 24, 2010 in case No. A33- 10999/2010, Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of October 25, 2011 in case No. А43-25336/2010, Decree of the Federal Antimonopoly Service of the Far Eastern District of January 22, 2010 No. Ф03-8374/2009 in case No. А04-5826/2009, of the Siberian District dated December 17, 2010 in case No. А03-8828/2010, Decree of the FAS of the Moscow District dated June 30, 2010 No. КА-А40/6250-10 in case No. А40-158683/09-21-1169).

Justifying this position, the courts refer to Part 2 of Art. 935 of the Civil Code of the Russian Federation, which states that the obligation of the borrower to insure his life and health cannot be assigned to him by law. Also, by virtue of Law No. 2300-1, it is prohibited to condition the purchase of some goods (works, services) on the obligatory purchase of other goods (works, services).

3. The position according to which the condition of the loan agreement on compulsory insurance with a particular insurer does not infringe on the rights of consumers.

So in the Resolution of the FAS of the Moscow District dated February 24, 2010 No. KA-A41 / 1010-10 in case No. A41-21180 / 09, the judges noted that Rospotrebnadzor did not prove the composition administrative offense, imputed to the bank. The court concluded that the insurance conditions proposed by the bank were aimed at ensuring the repayment of the loan.

How to protect rights if the bank imposes insurance?

Summing up, we would like to note that if you believe that the insurance contract was imposed on you, you have the right to file a claim to terminate this contract. In addition, the law provides for several possible ways restoration of violated consumer rights, and which we recommend you use in the event of a situation with the imposition of insurance services by the bank.

1. Bringing the creditor to administrative responsibility (if the loan agreement was concluded no more than 1 year ago). The reason is a violation of consumer protection legislation, expressed in the inclusion in the loan agreement of conditions that infringe on the consumer's rights established by law (part 2 of article 14.8 of the Code of Administrative Offenses of the Russian Federation). In this case, Rospotrebnadzor issues an order to eliminate the identified violations.

2. Presentation of property claims in claims and judicial procedures. The claim procedure consists in sending a claim in writing to the creditor. court order resolution of the dispute with the issuance of a requirement to recognize a part of the transaction (a condition on life and health insurance of the borrower) as invalid and compensation for losses incurred. In this situation, the consumer has the right to involve the Office of Rospotrebnadzor of the relevant subject of the Russian Federation and its territorial departments to participate in the case to give an opinion in order to protect consumer rights.

Remember, in order not to enter into lengthy litigation with credit organizations, you must be vigilant both at the stage of applying for a loan, and at the moment of directly signing the loan agreement. We recommend that you first request a standard loan agreement form from the bank and submit it for analysis to qualified lawyers who can explain to you all the possible risks of concluding credit transactions and options for protecting your rights.

Don't let it mislead you!

Each loan comes with an insurance offer. Still, it is doubly beneficial for banks. Their money is insured, and by drawing up a collective program, the bank earns like a broker. And also, it's not a secret for anyone that large banks have their own subsidiaries for insurance.

Obviously, it is beneficial for banks to impose additional services, but they are forced to act within the law. Let's consider what laws on credit insurance are in Russia today, and how a borrower can refuse when applying, or issue a refund after receiving a loan.

In the case of loans, when banks feel dependent on the borrower's need for money, they act on the verge of what is permitted.

The manager uses tricks, turns of speech that reinforce the impression of what was said. The client, having decided to play it safe, often agrees to all credit conditions.

However, credit organizations, in accordance with Art. 5 of the Federal Law "On Banks and banking» have no right to engage in insurance activities.

By the decision of the Presidium of the Federal Antimonopoly Service dated 05.09.2012 No. 8-26/4 “On insurance when concluding a loan agreement”, it was decided that banks do not have the right to force borrowers to insure life and health.

Also, in the Law No. 2300-I "On the Protection of Consumer Rights" of February 7, 1992, article 16 states that a service provider is prohibited from purchasing some services by others.

That is, the requirement for insurance with a loan is not legal, with the exception of mandatory insurance.

The requirement for compulsory insurance is established by Article 935 of the Civil Code of the Russian Federation.

From the point of view of the law, there are only two types of compulsory credit insurance:

1. Mortgage collateral insurance - apartment construction.
2. Collateral insurance for a car loan - CASCO.

The obligation to insure walls during a mortgage is stipulated by Article 31 of the Law on Mortgage (Pledge of Real Estate) dated July 16, 1998 No. 102-FZ.

Absolutely all other types of insurance are voluntary, which is guaranteed by the Law "On Consumer Credit (Loan)" N353-FZ and Chapter 48 of the Civil Code of the Russian Federation.

The borrower is persuaded to insure, but not obligated. We will immediately stipulate fears: they will be blacklisted, in the future they will not give a loan.

Will they refuse a loan if they refuse?

Thousands, if not millions, of citizens have loans without insurance. Most experience shows that the presence or refusal of insurance does not affect the decision to issue a loan.

The bank needs borrowers, they bear huge interest every month.

And if you choose between: to receive profit from the client only in the form of interest or to refuse due to lack of insurance and not have anything, the bank will always choose to earn. Not only borrowers need banks, but banks also need borrowers.

Will they give you more?

If there were no delays, they will give more. In the bank credit histories there is no information about the presence or absence of insurance with a loan, and even more so about whether the client returned insurance after registration or not.

Moreover, many share reports that, after the approval of one bank, they immediately receive offers in the mail or calls from others. And after paying off the debt, offers pour in like mushrooms after rain.

Therefore, you should not blindly trust the bank manager, he can deliberately mislead.

Features of consumer loans and cards

notice, that compulsory insurance are only collateral protection. If a loan is taken with the registration of real estate as collateral, the bank has the right to demand its protection.

But all loans that do not involve collateral - consumer cash or card - do not require insurance. No!

Law No. 353-FZ "On consumer credit (loan)" does not regulate the return of insurance, but indicates a voluntary basis for such relationships.

Accident, life and health or job loss insurance is all voluntary.

The right to choose a company for the consumer

Considering the question of the legality of imposing insurance services by a bank, it is important to mention the right of choice that the bank is obliged to provide to the borrower.

Not only are almost all types of insurance voluntary, but also with insurance obligatory types the bank is limited in requirements.

You cannot demand insurance from a specific company, or even from an accredited company.

By law, the bank is obliged to provide the borrower with the right to choose, which is regulated by Article 421 of the Civil Code of the Russian Federation -

FZ about return

In the second part of the article, we will analyze the possibility of returning money for insurance on a loan after registration.

The rules for the return of insurance are the same for all types of loans. When returning money for a mortgage, the borrower will refer to the same legislative grounds as when canceling a car loan policy. Therefore, let's agree this: when the word "loan" occurs in an article, the reader automatically reads it as a car loan, mortgage or consumer loan.

Depending on the timing, the grounds for returning insurance on a loan will differ. So, for example, the legislator provided for the possibility of an easy return during the cooling period - in the first 14 days, if this period is missed, other grounds should be sought.

Consider all the stages of loan repayment that are legally significant for the return of insurance.

1. The first 14 days after the loan is issued.
2. During the loan repayment period.
3. At early repayment.
4. Some time after the loan is repaid.

We will consider each case separately. To consider in detail and on examples of legal practice the legal grounds for the return of credit insurance.

First 14 days

There is a separate article about the cooling period on the site. The cooling period is the period during which a citizen has the right to refuse insurance without explaining the reasons and searching for grounds. This period is 14 days.

November 20, 2015 Central bank Russia issued Directive No. 3854-U “On the minimum standard requirements for the conditions and procedure for the implementation certain types voluntary insurance”, which just regulates an easy return.

In the first two weeks, the borrower has the right to refuse any type of insurance, except for the collateral policy. Of course, this lightness is still quite ostentatious. Banks diligently provide measures to prevent failures.

For example, with a mortgage, if you refuse life insurance during the cooling period, the bank will raise the interest rate. What more profitable mortgage with a reduced rate on a loan with insurance or with an increased one, but without insurance, we compared in a special article.

To complete the picture, let's add the rest of the bank measures:

• collective insurance, where the borrower is not the insured;
• the insurance company is not in the city;
• the note "Customer's profit" in the payment when the bank returns the insurance.

The note in the payment for the return of the sum insured on the loan looks especially unsightly. Indeed, in this case, the borrower next year tax will send letter demanding payment of income tax. We'll have to run, prove ...

It is important to add a countdown period of 14 days does not start on the day of signing, but on the next day, in accordance with Article 191 of the Civil Code of the Russian Federation.

The term is considered calendar days, that is, all holidays and weekends are included. At the same time, in accordance with Art. 193 of the Civil Code of the Russian Federation, if the last day of the term falls on a non-working day, the next working day is considered the expiration day of the term. The term is considered calendar days, that is, all holidays and weekends are included.

Arbitrage practice

A bunch of positive decisions judicial practice has been accumulated over the period of validity of the Central Bank Directive on a two-week period. Let's consider some of them.

Decision No. 2-1203/2018

The judgment in the case above dealt with a claim by a borrower who applied for a refund on the 14th day of the cooling period. The bank refused, indicating that the deadline had expired, apparently hoping that the plaintiff would abandon this venture with a return. But the court sided with the plaintiff.

Decision No. 2-2082/2018

In the second decision, the bank delayed payment to the borrower, who filed an application for cancellation of insurance on time. The plaintiff sent a second claim to the bank demanding not only to return the cost of insurance, but also a penalty for each day of delay. The bank ignored her request, and the court supported it.

Decision No. 33-5972/2018

In this lawsuit, a case was considered about the violation of consumer rights due to the absence in the contract for joining collective insurance of a clause on the possibility of returning money during the cooling period. The absence of such a clause misled borrowers, so the contract was terminated after a two-week period.

Decision No. 2-1159/2018

This judgment it is curious that the plaintiff was refused to return the money on the application filed during the cooling period, due to the assumption of the bank's lawyers that if the plaintiff is connected to the collective insurance program, then the Central Bank Instruction from the cooling period does not apply to her. As can be seen from the court decision, they were mistaken, she had such a right.

During the payment period

By continuing to repay the loan and not waiting for early repayment, you can terminate the insurance contract. There are various legal grounds for this. Let's consider them all:

1. The terms of the contract violate the rights of consumers.
2. Unilateral refusal.
3. The impossibility of the occurrence of an insured event.

Judicial practice has decisions on termination of the insurance contract for all these circumstances. Therefore, for the convenience of understanding the relationship between law and practice, we will further show on the decisions of the courts.

Consumer rights lawsuits

Consumer rights are extensive. The bank is obliged to draw up an agreement in accordance with them, but often there are clues in the agreements.

Decision No. 2-2026/2018

So, for example, in the decision above, the plaintiff found that when applying for a loan, the bank in the questionnaire indicated one sum insured, but the body of the contract included an amount of almost 50 thousand rubles more. It may be a mistake, but for the court this reason was enough to terminate the contract in accordance with parts 1-3 of article 10 of the Consumer Rights Protection Law, since the information must be communicated to the consumer correctly, fully. What in this case violated.

Decision 2-245/2019

In this court decision, the basis for issuing a positive ruling was the presence in the case of the Decree of Rospotrebnadzor, which, when conducting an audit at the request of the borrower, found contradictions in the contract between the insurance contract and the loan, which led to the issuance of the Decree and a fine to the bank, on the basis of Art. 14.8 of the Code of Administrative Offenses - inclusion in the contract of conditions that infringe on the rights of the consumer

Court, upon examination government agency and the issuance of the Decree on the fine is guided by this document, without conducting any other analyzes. To put it simply, the court is obliged to consider the Decree as a proven violation.

What happened in the current case, where, thanks to the presence of a fine from RosPotrebNadzor, it was possible to win the case without much difficulty.

Decision No. 2-1232/2018

Here, the basis of the dispute about the return of insurance on a loan was the norm of the law on the absence in the contract of the right to choose, provided for in Article 421 of the Civil Code of the Russian Federation - the consumer's right to freedom of conclusion of a contract.

The fact is that, under the terms of the contract, it was not possible to pay a commission for connecting to a collective insurance program, except for including it in the body of the loan. The court sided with the truth.

For early repayment

Early repayment of the loan does not in itself entail termination of the insurance contract. The borrower continues to be insured. But, if under the terms of the contract, the sum insured is equal to the balance of the debt, then after repayment, the coverage becomes equal to zero.

This situation is the basis for terminating the contract under Article 958 of the Civil Code of the Russian Federation - early dissolution insurance contracts. However, there are also contracts where the sum insured is not equal to the balance of the debt, in which case it is impossible to return the money for insurance, since the insurance risk has not disappeared.

Is the repayment of the loan in itself a situation in which the risk to the life of the insured has disappeared?

The court will side with the borrower. Since when an insured event occurs, the amount payable will be equal to zero. Therefore, the possibility of insured event dropped.

For example, a borrower is insured for 1,000,000 rubles. However, there is no indication that the amount payable is equal to the balance of the debt. But it is indicated that in the event of an insured event, the loan debt is first repaid, and the rest is transferred to the borrower / heirs. In this case, repayment of the loan is not the basis when the insured risk has disappeared under Article 958 of the Civil Code of the Russian Federation. The borrower will be denied a refund. This is the practice of law.

Consider examples.

Judgments

After some time

Is the interest on the sum insured illegal?

If the borrower does not have the money to pay off the insurance premium immediately, which is logical, after all, he applied for a loan, then the cost of insurance is included in the body of the loan. Accordingly, then interest on the loan is charged on this amount. Formally, such actions of the bank are not illegal.

The bank at registration took from the client a voluntary consent to insurance. The client, fearing rejection, agreed to any, even onerous conditions. The client did not have money to pay for insurance at the time of registration. The valiant bank gave him this amount for insurance at interest.

And now, formally, under the contract, the borrower pays for the money taken for his own purposes. Not for credit insurance. Deceived the client bank? I rather took advantage of the situation. But legal.

In contact with

When concluding a loan agreement, bank employees offer (and even impose) loan insurance on their customers, arguing that this is a prerequisite for receiving funds. Let's try to figure out if this is really the case, what will happen if you refuse credit insurance and how to avoid it in order to eventually get money.

What is credit insurance

The main task credit insurance is to protect the bank from the possible risk of losing money when issuing loans to the population. This method allows you to reduce the interest rate at which a loan is issued, since if the borrower cannot repay the debt on his own, the insurance company will do it for him.

Extract from the law

Insurance activity in banking is regulated by the following regulatory legal acts:

• federal law "On consumer credit (loan)" (FZ No. 353 of December 21, 2013);
• the Civil Code of the Russian Federation (Article 935);
• the law of the Russian Federation "On the protection of consumer rights" (Article 16);
• Federal Law "On Mortgage (Pledge of Real Estate)", Article 31 (FZ No. 102 of July 16, 1998).

Cases when insurance is mandatory and when not

Article 935 of the Civil Code of the Russian Federation states that life and health insurance is a voluntary right of every person, and the law “On the Protection of Consumer Rights” states that it is forbidden to link the receipt of some goods (this can include a loan) with the obligatory purchase of others (an insurance policy ). However, bank employees insist that an insurance policy is a prerequisite for obtaining a loan.

Consider the main types of insurance that a client encounters when contacting a bank.

1. Life and health insurance. This is the most common type of insurance offered by banks, in which in the event of the borrower's death (or disability), the insurance company will reimburse the funds issued by the bank. The average cost of the policy is from 10 to 15% of total amount loan. When choosing this type of insurance, it is necessary to carefully approach the choice of an insurance company, because the conditions under which the payment occurs may differ.
2. Job loss insurance. In case of loss of work, the insurance company will monthly repay the debt to the bank within a certain period (depending on the chosen program, on average 6 months). This type of insurance looks very tempting, but few people know that under the loss of a job, insurance companies understand dismissal during the liquidation of an organization or a reduction in staff. If the borrower quit own will or in connection with a violation of labor discipline (which are the most common ways to lose a job), then he will not receive payment. The cost of the policy on average ranges from 1 to 5% of the total loan amount.
3. Responsibility of the borrower for non-repayment of the loan. If the borrower has not repaid the debt to the bank, then the insurance company will do it instead (the most rare type of insurance, since none of the parties is beneficial due to the high cost).
4. Title insurance. If the client unknowingly acquired property, the ownership of which belongs to another person (illegal transactions with housing), the insurance company will pay the bank the cost of this property. This type of insurance is most often applied when mortgage lending. The cost of the policy is on average from 0.5 to 1% of the total loan amount.

It can be seen that these types of insurance affect the life and solvency of the borrower, and it is up to him to decide whether he wants to protect himself from the above insured events (death, job loss, default on debt).

However, there is another type of insurance that is directly related to the activities of the bank:

• Insurance of property secured by a loan. This type of insurance is mainly used in mortgage lending and is mandatory (this requirement is enshrined in Article 31 of the federal law "On Mortgage"). Until the moment of payment of funds, the property belongs to the bank, which must have a guarantee that nothing will happen to its property. The cost of this type of insurance averages from 0.5 to 1% of the cost of housing.

Thus, most insured events are voluntary, the only exception is property insurance, because it belongs to the bank until the loan is repaid.

It should be remembered that insurance is a bank guarantee that in case of problems with the borrower, he will be able to get his money back. It is insurance that allows the bank to reduce the interest rate at which it issues funds. In the event that there is no such guarantee, the bank has every right to raise the interest rate, or, under any other plausible pretext, refuse to issue a loan.

List of banks where insurance is optional

Almost any big bank may have several different loan programs, including without the need for insurance. Alfa Bank, Tinkoff Bank, Raiffeisen Bank, SKB Bank, UniCredit Bank, Sberbank, Touch Bank, Otkritie Bank, Post Bank, Sovcombank have such programs. However, you should be prepared for the fact that the interest rate on such a loan may be higher, and the loan amount may be less.

information about all credit programs can be obtained on official websites, as well as at bank offices.

Insurance conditions specified in the loan agreement

The first step when concluding a loan agreement is to determine whether the execution of an insurance policy is mandatory. If it is not mortgage, Related to collateral, then the conclusion of an insurance contract is a voluntary right of every person. In this case, it is necessary to inform the bank employee about the refusal of insurance before signing the contract, and together with him to choose the lending program that will suit both parties.

If the borrower decides to use the insurance contract, it is necessary to find out what form of insurance the bank offers. Allocate collective and individual insurance.

• With collective insurance, the bank independently concludes an agreement with a particular company and invites all customers who have applied for a loan to join this agreement. This form of insurance is the most unprofitable for the borrower, as it does not allow you to terminate the contract, receive a refund in case of early repayment of the loan. This is due to the fact that the insured person is the bank, and only he has the right to change the terms of insurance.
• With individual insurance, the borrower chooses insurance company with which he enters into an agreement, may terminate it, as well as receive insurance payment in case of early repayment of debt.

The next thing to pay attention to is whether there is a clause in the loan agreement that in case of default on insurance obligations (termination of insurance earlier than after 30 days), the bank has the right to raise the interest rate and even terminate it.

Can I opt out of insurance?

According to federal law“About consumer credit (loan)” the client may refuse to issue an insurance policy (with the exception of property insurance against which the loan is taken), however, this may lead to an increase in the interest rate, or the client will be denied a loan under another plausible pretext .

The bank imposes insurance - what to do?

So what to do if the bank forces you to take out insurance? If this is property insurance, on the security of which a loan (mortgage) is taken, then it will not be possible to refuse insurance. In other cases, everything is at the discretion of the client. But first you need to decide whether insurance is not necessary, as it seems.

In connection with the tightening of requirements for insurance companies, the insurance policy has become in a good way protect yourself and your loved ones from unforeseen situations. At long-term loan life and health insurance is a fairly justified investment.

However, if the borrower is determined to refuse insurance, but is afraid that he may be denied a loan or increase the interest rate, you can terminate the insurance contract after signing the contract with the bank.

In insurance legislation, such a concept as a cooling period is used. This is the time during which you can easily cancel an unnecessary insurance policy (currently, the cooling period is 14 days from the date of signing the insurance contract).

In order to receive a refund, you must contact the insurance company with an application for cancellation of the insurance contract. At the same time, it should be remembered that the amount of the insurance refund will be less by the number of days that have passed since the date of issue of the insurance policy.

An important point - the cooling period does not apply to collective insurance.

Also, in case of early repayment of the loan, you can contact the insurance company for a refund (with the exception of collective insurance).

Is it legal to terminate the contract by the bank when refusing insurance

Formally, the bank cannot terminate the loan agreement in case of refusal to issue an insurance policy. However, it should be understood that the insurance contract is a kind of guarantee that the loan will be returned to the bank. In case of refusal to issue insurance, the bank, in order to protect itself, has the right to raise the interest rate at which it issues a loan.

To do this, a clause is written in the loan agreement that in case of non-fulfillment of insurance obligations, the bank has the right to raise the interest rate and even terminate the agreement.

Consumer loan - do I need insurance?

When obtaining a consumer loan, insurance is not needed, but nothing can prevent the bank from refusing to issue a loan (under any plausible pretext).

Lawyers' advice on credit and insurance (video):

Banking insurance is an opportunity to minimize the risk of non-repayment of funds, as well as a way to issue a loan at a lower interest rate. At the same time, insurance is voluntary, and you can refuse it if you wish (an exception is property insurance, which is secured by a mortgage loan).

If the bank where the borrower plans to take a loan insists on an insurance policy, you can either issue it and then terminate it without problems within 14 days, or choose another more loyal bank. At the same time, it is worth remembering that insurance is beneficial not only to the bank, but also to the borrower, as it will allow you to protect yourself and your loved ones in case it is impossible to repay the loan due to an unforeseen situation.

Since June 1, 2016, new rules for voluntary insurance have been in force in Russia, which also apply to credit insurance. The question - is it possible to refuse insurance on a loan after receiving it, worried borrowers before, but after the innovation, the situation became even more confusing.

In this article, we will understand the current situation together, and you will also receive detailed instructions how to cancel credit insurance. If you do not want to understand the intricacies of the law on the return of insurance, we recommend that you use a simple test - it will show whether a return of insurance is possible.

Test: Find out if you can return the insurance on the loan

The legislative framework

The activities of banks and insurance companies are regulated by laws. The relationship between customers and the bank is regulated by the contract, and he - by law. According to the instructions of the Central Bank of Russia dated November 20, 2015 N 3854-U, insurers are obliged to provide for the possibility of refusing voluntary insurance within 14 days after the conclusion of the contract. This instruction also applies to credit insurance.

According to this directive, which came into full force on June 1, 2016, customers have the opportunity to terminate the insurance contract.
This is possible if no more than 14 days have passed from the date of conclusion, and also if an insured event has not occurred during these 5 days. Please note that the period of 14 days is considered non-calendar days

This period is in no way tied to the payment of insurance, it is counted from the date of conclusion of the contract. Therefore, if you entered into an agreement, but paid only after 13 business days, then you have only 1 business day left to terminate it. The Decree of the Bank of Russia was registered with the Ministry of Justice under the number N 41072 dated February 12, 2016.

Provided to insurance companies Grace period within which insurers could prepare for the innovation. 06/01/2016 innovations fully entered into force. According to this decree, the insurance company is obliged to terminate the contract and refund the money within 10 days. The reimbursement amount is 100% of the amount paid, minus the days when the client was insured. For example, if you cancel insurance after 3 business days, you will be refunded the full amount paid for insurance, minus the cost of three days of insurance. Insurance is regulated by 935 articles Civil Code RF. It clearly states that life or health insurance is voluntary.


Also on the side of the borrower and the law "On Protection of Consumer Rights". According to the letter of the law, no one has the right to associate the receipt of one service (loan) with the purchase of another service (insurance).


If you were forced to have insurance and misled that it is mandatory, then you need to go to court and return your insurance
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There is only one exception - mortgage insurance. Therefore, it is important to understand which loan insurance can be canceled and which are mandatory.

Which insurance is required and which is not?

The law states that life insurance is a voluntary choice of the borrower. It follows that insurance is optional. Unfortunately, the practice of obtaining a loan differs from what one would expect based on the law.

In practice, it turns out that banks force their clients to voluntarily-compulsorily take out credit insurance. The innovation of 06/01/2016 protects customers, as it allows you to refuse the imposed insurance if you have time to do it in fixed time. Such imposed insurances most often relate to the following groups of loans:

• consumer;
• mortgage;
• Automotive;

Clients are imposed with life and health insurance, insurance against job loss, damage to property, and in the case of car loans - CASCO. All this is done with one goal - to reduce risks for the bank. Insurance allows you to nullify the risk that you will not be able to repay the loan if one of the insured events occurs. In Russia, insurance is perceived with hostility, but this tool can also secure the borrower.

Of the entire list of insurances, insurance for the acquired property against loss is mandatory. For example, when buying an apartment with a mortgage. In this case, the bank has the right to require you to purchase insurance, this moment is regulated by law 935 of the Civil Code of the Russian Federation and 31 articles from the law "On Mortgage". Life, work or title insurance are optional insurances, even if the bank insists otherwise.

Terms of insurance in the contract with the bank

The terms of the loan insurance are specified in your contract. So it's not hard to find them. It is possible that you will not be required to pay separately for insurance, as the bank will transfer the payment to the insurance company. An ideal option if you refuse insurance even before you conclude a contract. To do this, you need to find out all the terms of the loan before your signatures appear on the documents.

You need not only to ask a bank employee, but also to carefully study the contract yourself. For example, below is a consumer contract, according to which the client receives insurance.

In such cases, you can try to cancel the insurance before the conclusion. Only in rare cases will this not affect the credit. The bank may refuse to issue, without explaining the reasons. But the real reason would be that you canceled the insurance. Another option - the bank will agree, but will offer you more high stakes. In this regard, the question arises, is it possible to use the innovation in the laws to conclude an agreement with the bank on favorable terms, and then cancel the imposed insurance?

Can I opt out of insurance?

Thanks to innovations - yes, you can refuse the imposed insurance. The cooling period is the first 14 days after the signing of the contract. Within this period, you can withdraw from the insurance contract. Including if this insurance is related to a loan. Banks come up with schemes that try to circumvent the law. For example, a bank may create one general collective insurance for all borrowers.

In this case, the borrower is not sold insurance, he is simply connected to the collective insurance system. It turns out that in order to terminate the insurance contract, the client needs to “disconnect from the system” of collective insurance, and not directly terminate the contract. The law does not apply to this type of insurance, and therefore, the client cannot terminate such insurance. It is expected that other schemes may appear in the future, as banks do not want to put up with these innovations.

How to cancel insurance?

Let's consider an applied example. You applied to VTB Bank for a loan to buy a car. The rate is 7.9% per annum, but it is valid only if you conclude a life insurance contract. If you refuse to conclude insurance, you may be denied a loan or offered a much higher annual rate. Having studied all the terms of the contract, you understand that you need a loan. The terms of the loan are as follows:

It turns out that insurance increases your credit by 6.24%, that is, by about 2% per year. This turns the real interest rate on the loan from 7.9% to about 9.9% per annum. According to the loan agreement, your insurer is VTB Insurance, an affiliate of VTB Bank. Let's assume that the bank approved the loan for you and you signed the contract on Thursday, December 1st.

Starting from this date, you have 14 days during which you can opt out of the forced life insurance. It turns out that until December 17 (inclusive) you can send an application for refusal to the bank. 14 working days start counting from the working day following the day of signing the contract. To cancel insurance, you need to provide the bank with:

• Declaration of withdrawal from the contract;
• A copy of the contract;
• A check or other document confirming the payment of the insurance premium;
• A photocopy of the insured's passport;

You can hand over the documents in person, but for this you will have to visit the office of the insurer. Documents can be sent by mail, but it is obligatory by registered mail with a description of the attachment. The first way is better, as you will get back most of the insurance premium, minus the days when the insurance was valid. The insurance period ends when the insurer receives your application. After you submit all the documents to the insurance company, compensation will be credited to your account within 10 working days.

Practice has shown that banks delay this procedure and exceed the legal limit of 10 business days. After this period ends, you can contact the insurance company with a new request and control the process. Reviews show that funds are returned within 1 calendar month.

Sample letter of cancellation of insurance

Ideally, if you contact your insurance company, they will provide you with a sample application for cancellation of an insurance contract. You can make an application yourself. Be sure to include:

• Your passport details;
• Your contract details;
• Reason for termination;

The date and your signature are also required. You can specify any reason for terminating the contract, including the simplest one: guided by the legislation of the Russian Federation, I use the legal right to terminate the contract within 5 working days from the date of signing. You can either use the following example of a termination statement:

What will happen to the loan in case of refusal?

Most frequently asked question, he is also the main fear of people - can the bank terminate the loan agreement if you refuse insurance. Of course, that your refusal affects the risks for the bank, they increase. But if you have already entered into a loan agreement, then the refusal of insurance, made in accordance with the law, is not a reason for terminating the loan agreement.

It turns out that such a step should not lead to the fact that the bank will demand early repayment. There is also an opposite example. Some banks not only do not look for loopholes in the law, they go to meet their customers. For example, in some Sberbank loan agreements there is a condition that the borrower can refuse insurance within 14 days after signing.

Hello, I am the author of this article and the creator of all calculators in this project. I have more than 3 years of experience in Renaissance Credit and Promsvyazbank banks. I am well versed in loans, loans and early repayment. Please rate this article, rate below.