Legitimate definition of a contract property insurance contained in Art. 929 of the Civil Code of the Russian Federation.

Under a property insurance contract, one party (the insurer) undertakes to pay the contractual payment (insurance premium) upon the occurrence of an event specified in the contract ( insured event) to compensate the other party (the policyholder) or another person in whose favor the contract was concluded (the beneficiary) for losses caused as a result of this event in the insured property or losses in connection with other property interests of the policyholder (pay insurance compensation) within the amount specified in the contract (sum insured).

Thus, under a property insurance contract, possible losses, which may be caused to the insured property as a result of its destruction or damage, as well as property interests.

The parties to the property insurance contract must agree on:

– what is insured;

– what is it insured against?

– for what sum insured and for what period;

– as well as the amount of the insurance premium (contribution).

Object of insurance can be either movable or immovable property. Property interests related, in particular, can also be insured under a property insurance contract:

– with possession, use and disposal of property (property insurance);

– the obligation to compensate for harm caused to others (insurance civil liability);

– implementation entrepreneurial activity (business risk insurance).

The purpose of property insurance is to compensate for possible future damage. Upon conclusion of the contract, the policyholder is issued an insurance policy.

Insured events with property insurance there may be:

1) exposure to fire (fire, explosion, lightning strike);

2) illegal actions of third parties (vandalism, robbery, arson);

3) damage by water from water supply, sewer, heating systems, automatic fire extinguishing systems, penetration of water from neighboring premises;

4) natural disasters (earthquakes, tsunamis, whirlwinds, hurricanes, floods, inundations, landslides, ground subsidence);

5) fall (on property) of manned flying objects or their debris;

6) random external mechanical influences (collision Vehicle, falling trees);

7) other actions and events.

A little later we will dwell in more detail on each of the listed risks. Now let us note that in each specific case their list is determined in the contract by agreement of the parties - the policyholder and the insurer.

Types of contracts. Under insurance contracts related to the risk of loss (destruction), shortage or damage to property, the following can be insured: 1) property of legal entities; 2) property of individuals.

Objects of property insurance for legal entities can be:

– voluntary insurance of funds ground transport;

– voluntary insurance of air transport;

– voluntary insurance of water transport;

– voluntary cargo insurance;

Objects of property insurance for individuals can be:

– voluntary insurance of apartments;

– voluntary insurance country houses, dacha, garden houses;

– voluntary insurance of vehicles;

– voluntary insurance of household property;

– voluntary insurance of other types of property.

The property insurance contract is drawn up in any form. This means that according to the rules of paragraph 3 of Art. 940 of the Civil Code of the Russian Federation, when concluding an insurance contract, the insurer has the right to use standard contract forms developed by it or an association of insurers ( insurance policy) By certain species insurance.

3.2. How is real estate insured?

For us, real estate is the key to prosperity, stability and confidence in the future, which is why guarantees of its safety are so important.

What can be insured in detached buildings?

1. Load-bearing structures: foundation with plinth, external and internal walls, ceilings, roof, including roofing, external finishing.

1) interior decoration–

2) equipment –

3. Movable property:

1) furniture – room, kitchen, country and other furniture, etc.;

2) equipment–

3) consumer goods –

4) especially valuable items –

Insurance is especially in demand among owners of dachas and cottages. outbuildings– greenhouses, bathhouses, garages, sheds. They can be insured simultaneously with home insurance, i.e. in a complex, as one whole.

Reputable insurers also offer clients bonuses in the form of additional service upon the occurrence of an insured event, such as comprehensive cleaning of premises and emergency repairs of windows and doors in the event of penetration of the insured object by third parties; or payment of temporary living expenses.

What can be insured in an apartment?

1. Load-bearing structures:“box”, i.e. walls and ceilings.

2. Finishing and engineering equipment:

1) interior decoration – covering floors, walls, ceilings, door and window fillings, built-in kitchens, built-in wardrobes, mezzanines;

2) equipment – sanitary equipment, sewerage, cold and hot water supply, heating, electricity and gas supply, fireplaces, stoves, saunas, swimming pool, water purification and softening systems, telecommunications, security, fire alarm, video surveillance systems, autonomous power supplies, ventilation and air conditioning systems, dishwashers, built-in kitchen electrical appliances and filters, electrical installation products and so on.

3. Movable property:

1) furniture – room, kitchen and other furniture, etc.;

2) equipment– audio, video, electronic equipment, electronic musical instruments, electrical household appliances, etc.;

3) consumer goods – acoustic musical instruments, optical instruments and photographic and film equipment, watches, carpets, dishes, books, clothes and shoes, bags, recreational and sports items, safety items, carpentry, plumbing and other household equipment, etc. ;

4) especially valuable items - antiques, works of art, etc.

Definition of the insurance object. Let's say you do not want to insure all real estate at once against all the risks that the insurer offers under a standard program, but want to select certain cases that are most likely, from your point of view. It doesn’t matter what you are guided by - previous bitter experience or your practicality.

To understand what to insure, You need to understand at least a little terminology. Then the insurance company will understand you correctly and you will correctly understand what is really included in your insurance.

You can insure not only apartment, or house, or room as such: real estate is a multifaceted and complex concept, it requires a special approach. Let's say insurance load-bearing structures and interior decoration insurance are two different things.

Bearing structures - these are walls and ceilings.

Interior decoration – this is what you equipped the house with inside, excluding the property: doors, windows, built-in furniture.

Engineering structures– These are heating systems, sewage systems, telecommunications, and gas pipelines.

To avoid getting into trouble, you must be careful when concluding a contract.

Example

Family K., bought in the summer new apartment on the first floor of a new two-story building country house, arranged a grandiose European-quality renovation with alteration of load-bearing structures. In order to save money and time, they decided not to have their redevelopment approved by BTI. As a result of the demolition of the load-bearing wall in the fall, the foundation, which, in addition to everything else, had been slightly washed away by rain, settled, and soon a crack formed in the wall, which “crept” to the neighbors above.

Having figured out what was going on, the upstairs neighbors remembered that their apartment was insured. But they were unable to obtain insurance from the insurance company: the list of insured events did not include damage to load-bearing structures as a result of illegal actions of third parties. But it would be worth not saving on insurance and being careful when concluding a contract!

3.3. What risks can real estate be insured against?

You can insure against many things:

– from fire, i.e., from the occurrence of a fire, as well as the impact on property of combustion products resulting from such a fire, high temperature, or carrying out legal actions to extinguish a fire, including the use of automatic fire extinguishing systems;

– explosion, in particular from explosions of gas pipelines, boilers and other containers for storing, transporting and processing household and industrial gas, or explosives;

– water damage, that is, from exposure to the property of water or other liquid from plumbing, sewer, heating, cooling or air conditioning systems or the penetration of water from adjacent premises not owned by the insured;

– mechanical damage, such as collisions with vehicle property, ship pile-ups, falling aircraft, trees, construction cranes, holding overhaul or reconstruction of premises not owned by the policyholder, etc.;

– illegal actions of third parties, such as theft, vandalism or deliberate destruction or damage to property, including by arson, explosion or other generally dangerous method;

- natural Disasters, such as an earthquake, storm, whirlwind, hurricane, lightning strike, flood, etc., if these phenomena are recognized as dangerous natural phenomena by the Federal Meteorological Service or the Ministry of Emergency Situations of Russia;

– terrorist act;

– damage from major repairs or redevelopment in neighboring apartments and etc.

This list is far from complete, so if you are afraid of forgetting something important, use comprehensive insurance!

Most insurance companies offer clients to insure their property comprehensively. Indeed, comprehensive insurance is more profitable than a set of individual policies. With comprehensive insurance, it is easier to decide on insured events and there is no need to be afraid that “they forgot to include something” in the insurance. And the cost of comprehensive insurance is usually not much higher than the cost of insuring several risks, with one or two exceptions.

Example

The client insured his country cottage for a full risk package. One day, while he was away, thieves broke into the house. Since it was early winter and there were no neighbors nearby, we took out everything we could. And not just movable property. They tore down and took away the plumbing fixtures - toilets and sinks. Because of this, water broke through, and by the time the owner of the house arrived, everything that was left after the thieves was flooded. If the house were insured only against unlawful acts of third parties, then the client would only be compensated for broken doors and stolen property. But swollen parquet and other damage from flooding are not, as they are considered a risk of water damage.

The house was fully insured, and therefore Insurance Company compensated for all losses.

It is not at all necessary to include such cases as damage resulting from falling aircraft into the insurance of a property. But it’s worth taking care of insuring load-bearing and engineering structures, as well as interior (and, if necessary, exterior) finishing.

Damage to structures can occur due to the dilapidation of buildings, or weak structural materials, or improper design of a seemingly completely new and visually attractive building. If the house is dilapidated, then anything can happen to it. Houses and apartments located on embankments and in water protection zones near rivers and lakes pose a significant risk of damage to load-bearing structures for their owners.

You can also insure your liability to neighbors, for example, for unsuccessful repairs.

For this purpose it is purchased civil liability policy of the property owner, – analogue of OSAGO. In this case, insurers undertake a guarantee to compensate your neighbors for damage to life, health and property as a result of a fire, flood or failed repair.

Particular attention should be paid to title insurance. It protects not a specific thing, but the ownership right of the legal owner, if the court has declared the ownership of the property illegal.

The reasons for this may be different. Most often, they do not consist of the malicious intent of the seller or donor of the apartment, but of errors made when preparing documents. Moreover, this kind of error can come to light quite suddenly, especially if the history of real estate is full of multiple changes of its owners. For example, real estate exchange operations are a very dangerous thing in this regard.

As a result of the entry into force court decision The apartment you purchased may suddenly no longer be yours. A title insurance policy will help. You can read more about title insurance in the chapter “Mortgage Insurance.”

3.4. We draw up a real estate insurance contract

When choosing a reliable partner company for property insurance, we recommend that you pay attention to Special attention for the following points.

Do I need to come to the office of the insurance company to draw up a contract?

Let's say the company's office is not so close to your place of work or residence. Go to the insurer? Not at all necessary. Just call a reputable insurance company and its agent will arrive at a time convenient for you.

How wide is the list of risk packages?

The list of insured risks should be maximum and, if possible, include fire, lightning strike, gas explosion, natural disasters, water damage from various systems, illegal actions of third parties, as well as a terrorist act.

What documents must be submitted to the insurer?

It’s most convenient when you only need to fill out an application for insurance or immediately an insurance policy.

Full list necessary documents They will most likely tell you after an inspection of the premises by an insurance company expert.

Is an accurate assessment of the value of property required?

If such an assessment is required, then you will need to either arrange for an inspection of the apartment by a representative of the insurance company, or negotiate with an independent appraiser to determine the market value of the apartment. The latter is a luxury that you have to pay for.

The inspection of the property by a representative of the insurer is usually accompanied by photography or video filming.

Many companies offer comprehensive insurance without inspecting the premises. No doubt - very convenient. However, such “virtual” real estate insurance will cost much more, or the terms of the contract will reveal many pitfalls. These may be restrictions on the use of property in one way or another (do not open windows at night, etc.), failure to comply with which will deprive you of the right to insurance or reduce it to a minimum.

Antiques or especially valuable items cannot be insured without inspection. And if it works out, then sum insured will be lower than the actual value of the insured property.

Is damage compensated based on the actual value of the damaged object?

Of course, within the limits of the insured amount: this is mandatory requirement both law and the principle of expediency.

Example 9

Citizen K. insured his apartment worth 3.6 million rubles. in the amount of 1.2 million rubles. With regular insurance, for example, if a door is damaged at a cost of 12 thousand rubles, citizen K. would receive one third of the damage, i.e. 4 thousand rubles.

In other words, how many times the insured amount is less than the real value of the apartment, the same number of times the amount of compensation for damage is less than the value of the damaged object. Citizen K. received from the insurance company the full amount of damage, calculated based on its real value in proportion to the degree of damage.

What are the insurance conditions movable property located in residential or non-residential premises?

Convenient when you do not need to make a list of items located indoors. After all, compiling a list can take a lot of time! Everything is made simpler: given overall rating the value of things located inside the premises. It is better to include particularly valuable pieces of furniture and equipment in such a list.

Does the contract provide for insurance compensation for any number of insured events during the term of the insurance contract?

The maximum amount of insurance compensation should be limited only by the amount of the insurance amount to be paid.

Some insurance companies refuse to issue a policy if the apartment does not have an alarm system and the door is “held on your word of honor and one nail.” For ground floor occupants, it is sometimes necessary to install bars. Policyholders also need to visit their insured property at least occasionally. The insurer will necessarily reflect all these conditions in the contract. But whether you agree with them or not is another question.

But remember: all insurers do not have a uniform approach, so if in one place they refused to insure for some far-fetched reasons or put forward ridiculous demands, feel free to go to another insurer. Just don't mention that you've already dealt with their competitor!

So, we have already agreed verbally with the insurer. The insurance contract is directly in front of you. What should you pay attention to now? What conditions are the most important?

Please note that there is a franchise!

Franchise – This is the amount that is not subject to compensation upon the occurrence of an insured event. You can choose the amount of this amount yourself, and then the cost of insurance should be lower.

Example

Citizen E. entered into a comprehensive insurance agreement for her apartment. As a result of the flooding of the bathroom by the upstairs neighbors, the apartment suffered damage in the amount of RUB 10,050. After drawing up the corresponding act, the insurance company paid citizen E. compensation in the amount of 5,050 rubles.

To the question “Why was the payment not made in full?” the insurer reasonably referred to the clause of the insurance contract establishing an unconditional deductible in the amount of 5 thousand rubles, and explained that the unconditional deductible presupposes that the policyholder independently bears losses in the amount established by the deductible.

In this situation, the insurer was indeed right. The deductible from the insurance company removes part of the monetary liability.

3.5. What determines the cost of insurance?

1. The cost of comprehensive real estate insurance is determined as follows: percentage of the market value of the house or apartment. The more expensive the home, the more expensive the policy. Additionally, other factors influencing insurance rates. The application, which you will most likely have to fill out in order to receive an insurance quote, contains precisely the questions the answers to which the insurer will take into account when calculating.

2. The cost of insurance will also be affected by redevelopment. IN in this case it does not matter whether you produced them yourself or the previous owners of the property. However, only unauthorized redevelopment can increase the cost of insurance! Legalized – do not increase the insurance risk.

3. With separate insurance interior decoration the price of the contract will depend on what the policyholder would like to protect. In this case, the insurance amount is determined based on the cost not of the apartment, but insured items. Property is insured using the same principle.

Example

Citizen V. invited for inspection two-room apartment insurer representative. According to V., he would like to insure the load-bearing structures in the entire apartment and the interior decoration in only one room. During the inspection, the insurer's representative was convinced that one room was in perfect condition, and all other rooms of the apartment required repairs. The insurer advised V. to separately evaluate the cost of interior decoration of this particular room, considered it reasonable and included it in the contract along with other insurance risks.

4. As we have already said, it is much more profitable to insure an apartment comprehensively. Sometimes this can cost two or three times less than when purchasing individual policies.

5. The price is also affected by term of the contract. Long-term agreements ultimately turn out to be more profitable than annual or seasonal ones. Minimum term Property insurance ranges from 15 days to two months - varies from company to company. No one will insure for a week, and if they do, it will be at the established minimum prices.

6. Additional factors determining the cost of the policy can also serve technical condition housing And the policyholder's plans for the property. Thus, upcoming repairs in some cases are a reason for the insurer to increase the cost of insurance.

When the approximate cost of insurance has already been decided, the insurer can offer an inspection of the property in kind, i.e. on the spot. The insurer's representative will carefully inspect the walls, ceilings and engineering equipment. If the property is in poor condition, the price of the policy will increase significantly. Moreover, the year of construction does not play a special role here, because an old house may turn out to be better than a new one. The condition of the property will be recorded on video or camera.

Thus, it is better to choose comprehensive insurance, i.e. insurance against all risks at once, in a comprehensive manner. It is both more reliable and cheaper. If you are contacting an insurance company for the first time, we recommend a contract for a period of one year.

3.6. Basic rules of conduct in the event of an insured event

In accordance with the rules of Art. 9 of the Law on the Organization of Insurance Business insured event is a completed event stipulated by the contract insurance or law, upon the occurrence of which the insurer becomes obligated to make an insurance payment to the policyholder, insured person, beneficiary or other third parties.

In other words, this is the occurrence of the very event against which the property was insured. How to behave in the event of an insured event? What to do first? What should you refrain from? Here are a few simple rules behavior in such a situation.

1. If possible, reduce damage to property. For example, in the event of a fire, you need to call the fire department, and not console yourself with the thought that the property is insured anyway. Behavior must be adequate to the current situation, otherwise the insurance company will have reason to doubt your innocence in the incident.

2. Do not touch anything at the scene of the incident! After a fire, flood, etc., moving objects, putting things in order, or simply touching things is not recommended. Wait for the insurance company representative to arrive.

3. Immediately notify the insurer! The contract specifies the exact period that is given for insurer notifications about what happened. Usually this one day. During this time, you are required to make a phone call, send a fax, an email, whatever, so that the information actually reaches the insurer.

On submitting a written application given by the insurer from three to five days. It is best if you attach photographs of the incident to your written statement. Or just make them for yourself. Just in case.

4. Provide the insurer with documents according to the list specified in the contract or insurance rules. It is better to provide documents promptly, following fresh tracks, then payments will not be long in coming. The period given to insurance companies to pay compensation is approximately 5 to 15 days after providing all the necessary documents.

Documents you may need:

1) written statement;

2) original policy;

3) identification documents;

4) documents confirming ownership of the insured property;

5) results of examination of damaged or lost property;

6) a list of damaged or lost property;

7) an act drawn up by the police (or other emergency services), confirming that the damage has actually been caused;

8) additional evidence of what happened - testimonies of neighbors, photographs, videos.

If something really serious has happened, it is better, if possible, to record the consequences of the emergency yourself before the expert arrives. IN controversial situations Video and photographic footage is critical.

3.7. Determining the amount of damage

As noted earlier, real estate can be insured with or without inspection, that is, using simplified technology or classic technology. Using simplified technology, it is less profitable to insure: either the insurance tariff (cost of insurance services) is higher than usual, or the insurance indemnity (compensation) is lower.

But after an insured event has occurred, it is unlikely that the insurer’s representative will bypass your property with his attention. The insurer will definitely inspect the damaged property or the place where it was destroyed and, based on the inspection results, draw up Act. The inspection is accompanied by the creation of video and photographic materials.

1. The amount of damage must be calculated based on the amount of actual damage.

Citizen L. insured the interior decoration of a non-residential premises (garage). During the period of validity of the insurance contract, a fire occurred in a neighboring garage. Combustion products damaged the finishing of part of the room (approximately one third). The insurance company reimbursed the costs of repairing not only the specific area of ​​damage where stains and cracks formed, but also that part of the surfaces, without repair of which it is impossible to bring the non-residential premises to the pre-accident condition.

2. Sometimes insurers set restrictions on payments for elements of supporting structures or finishing. For example, 25% for floor covering, 25% for ceiling covering, 35% for wall covering, 15% for equipment. You need to be very careful about setting such “limits” when concluding an agreement: then it will be too late to prove anything. It is necessary that the insurance company compensates losses in full, without artificial restrictions, within the entire insured amount.

3. If the contract specifies franchise, You will either not be able to receive compensation for minor losses, or will only be able to receive a small part. Only those insurance companies that operate without a franchise pay every last penny within the sum insured.

When you are unreasonably denied payment or the amount of compensation differs from the one to which you are fully entitled under the policy, try sending it to the insurance company or directly to Rosstrakhnadzor pre-trial claim.

An approximate form of a claim may be as indicated in Appendix 5. Copies of written and other materials may be attached to the claim. It is better to keep the originals. And don't forget to indicate contact number- most quick way communications.

Real estate insurance: important points in the contract

The essence of insurance

Insurance contract real estate consists, first of all, with the aim of minimizing the risks of its loss or damage, as the most valuable asset. To do this, under an insurance contract, the insurance company (insurer) undertakes, upon the occurrence of unfavorable events, to compensate the insured or another person in whose favor the insurance contract is concluded for the damage caused by such an event, within the amount (insurance payment) determined by the contract, and the insured undertakes to pay for this fee specified in the contract. In this case, the amount and procedure for paying the fee, its frequency, the list of adverse events and the amount of insurance compensation are established in the contract, as well as all other important points.

Legal requirements

The current civil legislation of the Russian Federation stipulates that under a property insurance contract the risks of loss or destruction of property, as well as the risks of its shortage or damage, can be insured. In addition, not all participants in civil relations may be the insured or beneficiary under a real estate insurance contract, as one of the types of property insurance contracts.

Only persons interested in the preservation of real estate can act as beneficiaries, that is, we are talking about owners, tenants, heads of organizations and other persons responsible for the preservation of real estate. Otherwise, the insurance contract will be declared invalid with all the ensuing consequences. In this case, the insurer must establish whether the policyholder is interested.

In addition to the above-mentioned nuances of the insurance contract, the Civil Code of the Russian Federation establishes other requirements regarding its form and content. So any insurance contract must be in writing, non-compliance with which entails the invalidity of the contract, and therefore is one of the grounds for recognizing the transaction as void and applying the corresponding consequences to it. The content of a real estate insurance contract must include: essential conditions must be present, without which the contract will also be declared invalid. The essential terms of an insurance contract include its object, the nature of the event against which it is insured, the amount of the insured amount, as well as the validity period of the contract.

Object of insurance

The object of insurance may be residential or non-residential premises, but in any case it must be individualized with an explanation from the BTI, a cadastral plan and have a location address. However, in the absence of one of the elements, the contract can be concluded if the available information about the object of insurance allows us to establish that the insured event occurred specifically with the insured property.

Insurance events

The insurance company may be exempt from paying insurance compensation when concluding an insurance contract in the proper form in compliance with all essential conditions, if an event such as the impact of a nuclear explosion or radiation, radioactive contamination or military actions, maneuvers, other military events, civil war or national unrest. The occurrence of one of the events listed above may serve as a basis for exempting insurance companies from paying insurance compensation, unless the contract or law provides otherwise.

Natural and therefore dangerous events occur quite often, and in order to protect your property from them, it is recommended to separately stipulate them in the contract. The Civil Code of the Russian Federation in Article 964 also provides that the insurer is exempt from paying insurance compensation for losses arising as a result of seizure, confiscation, requisition, arrest or destruction of insured property by order of government agencies, unless the agreement establishes other requirements. At the same time, the list of grounds releasing the insurer from payments and liability is not exhaustive, and therefore can be supplemented, since the legislative wording, “unless otherwise provided by the contract or law,” can be interpreted in different directions.

Sum insured

The insurance payment is compensation for damage caused to the insured person or property, but not a way of enrichment, which must be taken into account when determining the amount of insurance compensation. In this case, the insured amount cannot exceed the actual value of the real estate at the time of concluding the insurance contract, and also cannot be challenged in court, except in cases where the insurer provides evidence that it was misled by the policyholder. By limiting the rights of the insured with such wording, the law allows the insurer not only to inspect the property, but also, if necessary, to resort to services independent appraisers to determine its value. Naturally, everything is documented.

Validity

The next essential condition of a real estate insurance contract is its validity period, which means the period of time during which the insurer has an obligation to pay damages caused to the insurance object. The term is most relevant specifically for real estate that is not subject to rapid wear and tear, therefore it is advisable to insure such an object for a long period using an extension or determine the duration of the contract depending on the payment of the insurance premium by the policyholder. With automatic prolongation, there is a risk of missing the deadline established for expressing the will of one of the parties to terminate the contract, and as a result, the risk of incurring losses.

In the second option - depending on the validity period of the insurance contract on the payment of the insurance premium by the policyholder carries more serious risks. For example, let's take standard contract insurance, which provides for the accrual of penalties for the entire period of delay in payment of insurance compensation and a delay period of three months, after which the contract is automatically terminated. If there was only a delay in paying the premium, then the policyholder must also pay a penalty for the entire period of delay in the amount of the payment. If there was a suspension of payment as a way to terminate relations with the insurance company, then an unfavorable situation may arise for both parties, since any insurance contract provides for both the possibility of delaying the payment of the insurance premium and a penalty in the form of a penalty for each day of delay. And only non-payment of premium for more than three months is grounds for automatic termination of the contract. And if an insured event occurs during these three months, then the unscrupulous policyholder can first pay all his debts on the insurance premium along with penalties, and then demand payment of insurance compensation for losses. In turn, the insurer will be obliged to pay the insurance premium.

Amount of damage

It is quite problematic when concluding a real estate insurance contract and the subsequent occurrence of the events stipulated in it, to determine the amount of damage caused to the insured object, and therefore to establish amount of insurance payment. As a rule, in the insurance contract the insurer prescribes the assessment procedure that is most beneficial for itself. And if the policyholder is not satisfied with the amount of damage and insurance compensation received, then he can conduct a competitive examination and send the dispute to the court for resolution. In turn, the court, if doubts arise about the validity of the expert’s conclusion, as well as if there are contradictions in it, has the right to order a re-examination. Typically, a dispute between an insurer and a policyholder arises because the property owner believes that the property was destroyed due to damage, but the insurer insists that only damage occurred. There is a difference in the assessment of damage. Therefore, the basis for its determination may be an act of fire, flooding or other natural disaster, which is drawn up by the competent authority. At the same time, the act must indicate what happened to the property: it was destroyed or only damaged.

In any case, real estate insurance provides its owners with ample opportunities to protect themselves from all kinds of risks, while limiting the discretion of the parties to real estate insurance contracts.

A properly executed property insurance contract is a guarantee that if an insured event occurs, the client will be able to receive compensation for losses incurred in monetary terms.

In this article we will answer in detail the questions: what is a property insurance contract? What is the object of this type of insurance? What documents are needed to obtain property insurance? What can cause cancellation of an insurance contract and what is the procedure for its termination?

Participants in the property insurance contract

Property insurance is regulated by Art. 929 of the Civil Code of the Russian Federation. According to the standard conditions of programs offered by insurers, the policyholder has the right to expect compensation for expenses associated with damage to the insured property.

The main parties to property insurance are the policyholder and the insurer. The policyholder is an individual or legal entity who wishes to insure his property. The policyholder is a legal entity that has a license to carry out insurance operations (Article 938 of the Civil Code of the Russian Federation).

Another party to the agreement may be the beneficiary. This is an individual or legal entity to whom insurance compensation is paid upon the occurrence of an insured event. Often the beneficiary is the policyholder.

Objects and insured risks of property insurance

Standard property insurance programs guarantee reimbursement of expenses associated with the following insurance risks:

• complete or partial loss of property, physical or legal entity;
• losses incurred while conducting business;
• causing damage to the property of third parties.

The following can be selected as property insurance objects:

• residential real estate: apartments, houses, dachas;
• non-residential buildings;
• personal property;
• transport (cars, planes, yachts, etc.);
• land;
• other property of individuals and legal entities.

The property insurance contract is drawn up in writing and must include the following information:

• information about the insurance company (details, full name):
• details of the policyholder/beneficiary (name of the legal entity or full name of the citizen, his passport details);
• description of the insurance object;
• the amount of insurance coverage;
• list of insurance risks (fire, flooding, actions of third parties, etc.);
• contract time;
• the amount of the insurance premium;
• obligations of the parties to the contract;
• insurance policy number (if issued);
• date of signing the document.

The contract comes into force from the moment the client pays the insurance premium (or partial payment if paying in installments) and signs the agreement.

Documents required for concluding an agreement

The package of documents required for drawing up an insurance agreement includes the following:

• citizen's passport or extract from the Unified state register legal entities (USRLE) for legal entities. persons;
• a document confirming ownership of property (sale and purchase agreement, exchange, donation, certificate of inheritance, etc.);
• a document confirming the value of the insured assets, for example an appraisal report (jewelry, art, cars, other vehicles);
• photographs of the insured property.

Responsibility of the parties

The conclusion of an insurance agreement assumes the responsibility of both parties who signed the document for fulfilling the conditions specified in it. Failure to fulfill obligations entails sanctions prescribed in the terms of the contract. If the insurer has not fulfilled its part of the obligations, then it usually undertakes:

• return to the client all amounts of insurance premiums paid by him;
• pay the policyholder the interest specified in the contract (Article 395 of the Civil Code of the Russian Federation).

If violations are committed by the policyholder, he must:

• pay compensation to the insurer;
• pay interest.

In addition to the listed sanctions, one of the parties may demand payment of a penalty or compensation for losses incurred.

An example from judicial practice. Fest LLC, being the insurer of its property, in particular the warehouse finished products, suffered losses: the warehouse building burned down in a fire. The insurer delayed payment of compensation for 6 months. The insured was forced to rent a building for a warehouse of finished products from a third-party company. The insurer left the submitted application for compensation of losses unsatisfied, as a result of which Fest LLC was forced to submit statement of claim to court. The court decision ordered the insurer to pay the applicant, in addition to the amount of insurance compensation itself, also the amount of losses incurred in the amount rent, paid by the policyholder to a third party.

The procedure for terminating the insurance contract

For a number of reasons, including by mutual agreement of the parties, a property insurance contract may be terminated and declared invalid. Termination of the agreement can be made if there are compelling reasons, supported by documents.

Legal grounds for termination of a property insurance contract by one of the parties include:

• overestimation by the policyholder of the real value of the insurance object;
• increase in insurance risks compared to those previously specified in the contract;
• intentional initiation by the client of an insured event;
• incorrect execution of the insurance contract;
• non-payment or late payment of insurance premiums by the client;
• the occurrence of an event that is not insured for this insurance, but entails the complete or partial destruction of the insured property. For example, if the object burned down in a fire, but was insured against flooding;
• termination of the insurer's activities;
• death of the policyholder.

Contract termination procedure

If the initiator of termination of the contract is the policyholder, then he is obliged to submit a written statement of his intentions to the insurer. The application should indicate the reason for termination and attach supporting documents, after which the insurer is obliged to consider the application and make a decision on making or refusing payments. If the answer is positive, the agreement is usually terminated, the invalid policy is canceled, and the insurer pays part of the insurance premiums, if this is specified in the contract. If the answer is negative, the policyholder has the right to file a claim in court.

The Russian legislator imposes the following requirements on insurers.
1. An insurer can only be a legal entity that is created to carry out insurance activities. This, in particular, includes the obligation to include this in the constituent documents of the insurer (Article 6 of the Law on the Organization of Insurance Business).
2. Only those legal entities that have a permit (license) can be insurers (Article 938 of the Civil Code and Article 32 of the Law on the Organization of Insurance Business). Moreover, a license is issued to carry out not just insurance, but the corresponding type of insurance. Separate licenses are issued, in particular, for the provision of property and liability insurance, as well as reinsurance, if the subject of the insurer's activities is exclusively reinsurance.
It is interesting that a deal concluded by an insurance company that does not have a license is voidable and not void. The Supreme Arbitration Court of the Russian Federation overturned the Resolution of the lower court, which recognized invalid contracts insurances concluded by an insurance company that did not have a license.
3. Article 6 of the Law on the Organization of Insurance Business prohibits insurers from directly engaging in production, trading, intermediary and banking activities.
4. The Law on the Organization of Insurance Business (Chapter III) established minimum size authorized capital for insurers, obliged insurers to create from received insurance premiums insurance reserves, which are necessary for upcoming payments for assumed insurance obligations.
5. Legislative acts Russian Federation Certain restrictions may be established when foreign legal entities create insurance organizations in Russia. In particular, such insurance organizations are prohibited from providing property insurance in the Russian Federation related to supplies or contract work for government needs, as well as insurance of property interests of state and municipal organizations.
6. Legislative acts may provide for certain restrictions for Russian insurers. Thus, the Procedure for seizing securities provides that it is allowed to conclude property insurance contracts in appropriate cases; in this case, the list of insurance organizations with which property insurance contracts can be concluded is determined by the Ministry of Justice of the Russian Federation.
7. Special bankruptcy rules have been established for insurance organizations, which serves the interests of policyholders. Satisfying the claims of creditors, who are the policyholders, is a priority (§ 5, Chapter VIII of the Federal Law “On Insolvency (Bankruptcy)”). Moreover, the claims of creditors under property insurance contracts are satisfied only in the fifth order of priority.
8. The regime specially created for insurance reserves includes the impossibility of withdrawing them to the federal or other budget.

The rights belonging to the policyholder can be transferred to him by way of assignment on the basis of agreements concluded with the assignee. For example, Art. 960 of the Civil Code of the Russian Federation states that when the rights to the insured property are transferred from the person in whose interests the contract was concluded to another person, the rights and obligations under the insurance contract are transferred to the latter. Moreover, the right of a person to such a transition is absolute. Thus, the policyholder transferring the rights and obligations under the contract to a third party is not required to obtain the consent of the counterparty insurer. He only must immediately notify the insurer in writing of the transfer. Transfer of rights and obligations is impossible in two cases. This is a forced seizure of property from the owner, as well as the refusal of a citizen or legal entity to renounce his ownership of the insured property (Clause 2 of Article 235 of the Civil Code of the Russian Federation).

If the property insurance contract does not name the beneficiary and does not state that the contract was concluded in favor of a third party, it will be considered concluded in favor of the insured, even if common sense suggests that the absence of provisions on the beneficiary in the contract is an oversight. Let's give an example from practice: the owner of a car, leaving for permanent residence abroad, instructed his brother to sell the car and send the money to him. He gave his brother a power of attorney to sell the car and left. The brother decided to insure the car for the period while he was selling it, but did not indicate in the contract that the brother was the beneficiary, and generally concluded the contract in his favor. When the car was involved in an accident, the policyholder applied for payment and was refused. According to the insurer's lawyers, the policyholder cannot receive payment because he has no interest in the insured property. The court to which the policyholder appealed agreed with this opinion, declared the concluded contract invalid and ordered the insurer to return the insurance premium with interest for the use of the money.

The beneficiary acquires rights and obligations under the contract only if he has his consent to do so. As soon as he expresses his will to acquire the rights arising from the insurance contract, he automatically becomes the subject of the obligations associated with them.

The beneficiary may express his consent (intention) to exercise his right arising from the contract in the form of a statement made to this effect, an implied action. An example of such actions would be the introduction of another insurance premium.

There are various restrictions regarding the figure of the beneficiary: beneficiaries cannot be entities that have ceased to exist as a legal entity at the time of their appointment as beneficiaries; the same applies to individual, who by the time the contract is concluded (appointment of the beneficiary) is no longer alive.

Just as in the case of the insured, under a property insurance contract the beneficiary can only be the one who has an interest in preserving the insured item.

The essential terms of the insurance contract include:
- insurable interest;
- insurance case;
- sum insured;
- term of the insurance contract.

At the same time, this article does not recognize price as an essential condition. But this applies only to non-commercial insurance contracts, which is mandatory state insurance. In property insurance, the price condition should be recognized as essential, as necessary for contracts of this type. The absence of an indication of the price in the insurance contract does not, however, entail the invalidity of the contract. In this case, the insurance premium must be paid in accordance with the general rule of paragraph 3 of Art. 424 of the Civil Code of the Russian Federation at tariffs or rates that are usually applied for the same insurance. Failure to reach agreement on the price of the contract entails its invalidity.

So, let's consider in order all the essential terms of the property insurance contract, starting with insurable interest. With regard to this condition, it should be noted that neither the Civil Code of the Russian Federation nor the Law on the Organization of Insurance Activities use the term “subject of the property insurance contract.” We are talking only about property insurance objects, which mean the corresponding property interests.

The interest of the policyholder in the property insurance contract is expressed in the fact that upon the occurrence of an insured event, he can demand compensation from the insurer for losses arising as a result of the corresponding event (insured event). However, the specificity of the insurance relationship as such is that in addition to the indicated positive interest, the policyholder must also have another, negative interest - in ensuring that the insured event does not occur. This negative interest, constituting an essential element of insurance, is intended to serve as a certain guarantee for the insurer. Among other things, the absence of negative interest can have a direct impact on the very likelihood of an insured event occurring (Braginsky M.I. Insurance Contract. M.: Statute, 2000. P. 55).

Article 929 of the Civil Code of the Russian Federation identifies the following property interests:
- risk of loss (destruction), shortage or damage to certain property (Article 930 of the Civil Code
RF);
- the risk of liability for obligations arising from causing harm to the life, health or property of other persons in cases provided by law, also liability under contracts - the risk of civil liability (Articles 931 and 932 of the Civil Code of the Russian Federation);
- the risk of losses from business activities due to violation of their obligations by the entrepreneur’s counterparties or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of non-receipt of expected income - business risk (Article 933 of the Civil Code of the Russian Federation).

Property can be insured only in favor of a person (the policyholder or beneficiary) who has an interest in preserving this property based on law, another legal act or contract (Clause 1, Article 930). Such an interest, as a rule, arises from a person who has the right to the corresponding property (both real and obligatory) or who is entrusted with the responsibility to ensure the safety of the property. For example, both the custodian and the depositor have interests in insuring an item transferred for storage. In connection with the above, the following example from judicial practice can be given: the insurer refused the insured - a company with limited liability pay the cost of fixed assets lost in a fire, citing the fact that the insurance contract is invalid due to the insured’s lack of interest in preserving the property, since the company is not its owner. The Presidium of the Supreme Arbitration Court of the Russian Federation, however, considered this position of the lower court to be unfounded. It was noted that the company “rents property on the basis of a lease agreement, which is valid for 15 months and contains the tenant’s obligation to provide insurance.” And this was enough for the defendant to recognize his interest.

Now let's look at the next essential condition of a property insurance contract - an insured event.

Let us give an example from practice: citizen M. entered into an agreement to insure the risk of non-repayment of the amount she contributed to the company for the purchase on preferential terms after a certain period of time the Tavria car. Due to the fact that it was not actually transferred to her, M. contacted the insurance company, indicating the occurrence of an insured event. Having considered the case based on the prosecutor’s protest, the panel drew attention to the condition of the contract, according to which “an insured event occurs when the company fails to provide a car and refuses to return the funds contributed by the insured. Such a condition as a real intention to fulfill ... the company’s obligation under the sales contract car, the insurance contract does not contain, and therefore the argument of the prosecutor’s protest about the occurrence of an insured event, giving the plaintiff the right to receive insurance compensation, cannot be considered correct" (Bulletin Supreme Court Russian Federation. 1997. N 12. S. 1 - 2).

Expected damage must occur from a foreseen event. Damage resulting from another event not specified in the contract is not subject to compensation.
For example, when insuring residential premises, their damage or destruction may occur as a result of the following events (insured events):
- fire (exposure to flame, smoke, high temperature), including one that occurred outside the insured premises;
- explosion of gas used for domestic needs;
- failure of water supply, heating and sewerage systems; penetration of water as a result of legal actions during fire extinguishing.

The specified events are recognized as insurance if they caused actual and sudden damage or destruction of residential premises during the period of validity of the insurance contract and are confirmed by an insurance act (Makarov G.P. Conditions and procedure for insurance of residential premises // Citizen and Law. 2000. N 5 - 6).

An insured event that occurs as a result of deliberate actions of the policyholder, beneficiary or insured person does not lead to an insurance payment (clause 1 of Article 963 of the Civil Code
RF).

Now let's move on to the sum insured. The insured amount in relation to a property insurance contract is statutory or an insurance contract, the amount within which the insurer undertakes to pay insurance compensation by virtue of the rules on property insurance (Article 947 of the Civil Code of the Russian Federation). Thus, the sum insured is the upper limit of what the policyholder (beneficiary) can receive.

For property insurance (except for liability insurance), this amount should not exceed insurance cost property (clause 2 of article 947 of the Civil Code of the Russian Federation). This cost is considered to be:
- for property - its actual value at the location of the property on the day of concluding the insurance contract;
- for business risk - losses from business activities that the policyholder could be expected to incur upon the occurrence of an insured event.
In this case, it is impossible, for example, to insure a car for an amount greater than it cost when purchased minus depreciation.

To determine the actual value of the property, the documents available to the policyholder (invoices, specifications, etc.) are used, which indicate the value of the property. The concept of the actual value of property is discussed in more detail in Art. 3 and 7 of the Law of the Russian Federation "On valuation activities in the Russian Federation". According to these standards, the actual value of property should be understood market value property, i.e. the most probable price at which it can be alienated open market in a competitive environment, when the parties to a transaction act reasonably, having all necessary information about this property, and the transaction price is not reflected in any extraordinary circumstances.

According to the deputy general director INTERFINANCE (LLC "INTERFINANCE MV") Shevchuk Denis Aleksandrovich, in certain cases, for example, when insuring real estate, it is advisable to proceed from the real value, since it may be subject to significant market fluctuations.

There are two main methods for assessing insurable value. One of them is by agreement of the parties. Since in this case the interests of the insurer and the policyholder are directly opposite, the assessment turns out to be completely objective. In addition, the insurance value thus agreed upon cannot later be disputed if the parties acted without deception when reaching the agreement. Another method used when the insurance value is not specified in the contract, -independent assessment expert specialist. IN as a last resort, if a dispute arises and if the expert’s assessment does not resolve it, the assessment is carried out in court.

If the insured amount 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 (clause 1 of Article 951 of the Civil Code of the Russian Federation).
In this case, in accordance with the same article Civil Code In the Russian Federation, any part of the insurance premium paid in excess is not refundable.

The insured amount cannot exceed the value of the insured property. However, this amount may be less than this cost. In this case, incomplete property insurance provided for in Art. 949 of the Civil Code of the Russian Federation. If in a property or business risk insurance contract the insured amount is set below the insured value, upon the occurrence of an insured event, the insurer is obliged to compensate the insured (beneficiary) for part of the losses incurred by the latter in proportion to the ratio of the insured amount to the insured value. For example, a ship costing 120,000 rubles is insured for 3/4 of its value. If the ship burns down completely, the insurer is obliged to pay the policyholder 90,000 rubles. If the ship is damaged, so that after an accident it is valued at 40,000 rubles, then the insurer is obliged to pay not 80,000 rubles, but only 60,000 rubles.

Also, if the property was initially insured only in part of the insured value, the policyholder (beneficiary) has the right to carry out “additional insurance, including from another insurer, but so that the total insured amount for all insurance contracts does not exceed the insured value” (Article 950 of the Civil Code of the Russian Federation). So, if property worth 100 thousand rubles, insured by one insurer for 80 thousand rubles, and by another - 120 thousand rubles, is completely destroyed upon the occurrence of an insured event, then the policyholder must receive 40 thousand from the first insurer. rub., and from the second - 60 thousand rubles.

At the same time, property can be insured against various insurance risks, and it does not matter whether one agreement or different agreements are concluded on this occasion with the same or with different insurers (Article 952 of the Civil Code of the Russian Federation). This article differs in that it recognizes as permissible the excess of the total insured amount for all contracts over the insured value. The article refers to the time preceding the occurrence of the insured event. If an insured event occurs, the principle of proportional reduction in the amount of compensation payable by each insurer will be applied.

And finally, the last essential condition of a property insurance contract is the term.
The term of the insurance contract affects the degree of risk assumed by the insurer. That is why reaching an agreement on the duration of the contract is one of its essential conditions. Obviously, what longer term validity of the insurance contract, the higher the probability of an insured event occurring. Therefore, the length of the term affects the amount of the insurance premium and the determination of other terms of the contract. The period is determined according to the general rules established by Chapter 11 of the Civil Code of the Russian Federation.

The time frame of insurance coverage may be extended by agreement of the parties, and the insurer will be obliged to compensate for losses that occurred before the entry into force of the contract. For example, due to some circumstances, an uninsured residential building is damaged. When concluding an insurance contract for this object, the parties can agree to compensate for damage caused to the house before it was insured by increasing the amount of insurance premiums.

Property insurance is one of the contracts for which written form is not just mandatory, but precisely a condition for its validity (Clause 1, Article 940 of the Civil Code of the Russian Federation). That is, failure to comply with the written form of the insurance contract entails its invalidity from the moment of conclusion. It should be noted that this situation did not always exist. The insurance contract could have been concluded earlier and in “verbal form”. But in reality, insurance most often took place in writing, which avoided many inconveniences.

An insurance contract can be concluded by drawing up one document (clause 2 of Article 434 of the Civil Code of the Russian Federation) or by delivering the insurance policy (certificate, certificate, receipt) signed by the insurer to the insured on the basis of his written or oral application.

Insurance rules are a document containing the terms of the insurance contract, accepted, approved or approved by the insurer or association of insurers (clause 1 of Article 943 of the Civil Code
RF).

From the above definition, we can conclude that there are insurance rules adopted in one specific organization, as well as rules that apply to a wider range of participants. For example, Cargo Insurance Rules, Moscow Rented Housing Insurance Rules 1999, Rules voluntary insurance risk of non-repayment of loans.

Insurance rules do not limit the legal capacity of the insurer in any way - these are only general, pre-established conditions that can be conveniently used as a basis for reaching an agreement.

When concluding an agreement, the insurer and the policyholder may agree to amend or exclude certain provisions from the insurance rules and to supplement the rules (clause 3 of Article 943 of the Civil Code of the Russian Federation). At the same time, the rules cannot supplement the terms of the contract - the terms of the contract can supplement and change the rules.

It should also be noted that the application of insurance rules is a right, not an obligation of the insurer (clause 1 of Article 943 of the Civil Code of the Russian Federation). If the contract contains a reference to insurance rules, then they become mandatory for the insurer (Clause 4, Article 943 of the Civil Code of the Russian Federation). As for the insured (beneficiary), if the contract only mentions the insurance rules, but the terms of the rules are not directly included in the text, then it is not known that the insured is actually familiar with them and agreed to comply with them. Clause 2 of Art. 943 of the Civil Code of the Russian Federation provides for a procedure that, in the event of a possible dispute, will provide complete confidence that the policyholder is actually familiar with these rules and that he has undertaken to comply with them. For this:
- insurance rules must be set out in one document with the contract or policy, but not in the form of contract terms, but rather as rules;
- rules can be attached to the contract. In this case, the law requires that the fact of delivery of the rules to the policyholder upon conclusion of the contract must be certified by an entry in the contract.

The insurance contract, as mentioned above, comes into force from the moment the insurance premium or first installment is paid (Article 957 of the Civil Code of the Russian Federation). That is, according to general rule It is not enough just to sign an insurance contract. IN judicial practice There are a number of cases of the following nature: the parties sign an insurance contract without indicating the date of its entry into force. The agreement stipulates that the contribution in such and such an amount is made in a lump sum. The policyholder does not have the entire required amount, and he pays first half of the premium, and then another half. In this case, the insurance contract does not come into force either with the first or with the second payment, since the parties definitely agreed on a one-time payment. In such cases, there is only one way out - to sign an additional agreement to the contract, which establishes payment of the insurance premium in installments.

Thus, although the insurance contract is formally consensual, in most cases, in order for it to come into force, in addition to agreeing on all essential conditions, the first insurance premium must be paid to the insurer.

However, the entry into force of the insurance contract from the moment of payment of the premium is not an imperative requirement of the law. The parties can change the moment of entry into force of the contract and set it at their own discretion, for example, from the moment of signing.

If the entry into force of the insurance contract depends on the payment of the insurance premium, then it is not an obligation of the policyholder to the insurer. On the contrary, if the entry into force of the contract does not depend on the payment of the contribution, then the payment of the contribution is an obligation, and monetary obligation. Likewise, if payment by installments is provided and the first payment has already been made. In this case, the contract comes into force and payment of the remaining installments is an obligation.

It is interesting that both the insurer and the policyholder are sometimes interested in making an insurance premium not with money, but with other property, for example, securities. But insurance supervision actively opposes this possibility. Indeed, it is written everywhere that the insurance premium is a payment for insurance, that it is paid, but it can only be paid in money.

However, in certain cases, when the contract is already in force and payment of the contribution is an obligation, the payment of the contribution can be replaced by the transfer of the thing or securities, which is what the parties to the contract most often do.

It should also be noted that the validity period of the contract does not always coincide with the period of insurance coverage. That is, the contract may come into force, but the insurer’s obligation to pay money upon the occurrence of an insured event may not arise. This is possible only if the parties have provided for the corresponding condition in the contract.

The property insurance contract, like all contracts, is terminated upon expiration of its validity period. A similar case of termination of the contract is provided for in Art. 408 of the Civil Code of the Russian Federation. However, the peculiarity of an insurance contract is that it can be executed in two ways: by incurring a risk during the entire term of the contract in the absence of an insured event and by making an insurance payment upon the occurrence of an insured event before the expiration of the contract. In both cases, the contract is terminated by performance.

As is known, an insurance contract may provide for several payments; in this case, the first payment does not terminate the insurance contract.

Since obligations arise from the contract, then, in theory, when the contract is terminated, the obligations should also terminate, but this only happens when such a condition is contained in the contract itself (Article 425 of the Civil Code of the Russian Federation). To illustrate, the following example can be given: when insuring cargo consignments sent by railway, as usual it was found that insurance protection for each shipment is terminated at the moment of its delivery by the railway to the recipient. The last batch of shipped cargo disappeared, but after the insurance contract had expired. The policyholder demanded that the insurer pay the money, but he refused, since the insured event occurred after the termination of the contract. The insured filed a claim in arbitration court, and the court decided the case in favor of the policyholder, since the expiration date insurance liability at the time of the insured event had not yet expired, which means, according to the rules of Art. 425 of the Civil Code of the Russian Federation, the agreement was valid.

In this topic we will also touch on some reinsurance problems related to the termination of contracts. Most Russian insurance companies, when providing reinsurance, indicate in the relevant contracts that the expiration of the reinsurance contract coincides with the expiration of the main insurance contract.

An insured event under a reinsurance agreement, according to the legislation of the Russian Federation, is the payment by the reinsurer of insurance compensation to the policyholder. The rules of the insurance contract apply to the reinsurance contract, according to which the occurrence of an insured event under the insurance contract after the termination of this contract - in this case associated with the expiration of the validity period - does not entail an obligation for the insurer (reinsurer) to pay insurance compensation to the policyholder (reinsurer) ( sum of money, corresponding to the share of liability of the reinsurer). Therefore, the refusal to reinsure, to make a reinsurance payment, if insurance payment carried out by the policyholder after termination of the insurance contract, fully complies with the law.

It seems that in order to avoid this type of situation, the text of any reinsurance contract must include the following condition: " Genuine contract comes into force upon the entry into force of the insurance contract with policyholder X (or later) and terminates upon expiration of the term limitation period for claims that may arise from the insurance contract with policyholder X."