Terms of voluntary home property insurance. Property insurance contract

Real estate insurance: important points in the contract

Essence of insurance

The real estate insurance contract is concluded, first of all, in order to minimize the risks of its loss or damage, as the most valuable asset. To do this, under the insurance contract - Insurance Company(the insurer) undertakes upon the occurrence of unfavorable events to compensate the insured or other 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 a fee specified in the contract. At the same time, 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, like all other important points.

Law Requirements

The current civil legislation of the Russian Federation determines 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, far from all participants in civil relations can be the insured or beneficiary under a real estate insurance contract, as one of the varieties of a property insurance contract.

Only persons interested in the preservation of real estate can act as a beneficiary, 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 the interest of the insured.

In addition to the nuances of the insurance contract mentioned above, 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 appropriate consequences to it. In the content of a real estate insurance contract, it is mandatory essential conditions must be present without which the contract would also be invalidated. The essential terms of an insurance contract include its object, the nature of the event against which it is insured, the amount of the sum insured, and the duration of the contract.

Object of insurance

The object of insurance may be a residential or non-residential premises, but in any case it must be individualized with an explication from the BTI, a cadastral plan and have an address of the location. 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 that occurred occurred precisely with the insured property.

insurance events

An insurance company may be exempt from payment of insurance compensation upon conclusion of an insurance contract in the proper form, subject to all essential conditions, if an event such as the impact of a nuclear explosion or radiation, radioactive contamination or military operations, maneuvers, other military events, civil war or national unrest. The occurrence of one of the above events may serve as a basis for the release of insurance companies from the payment of insurance indemnities, unless otherwise provided in the contract or the law.

Natural and therefore dangerous events occur quite often, and in order to protect your property from them, it is recommended to separately prescribe 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 incurred as a result of the seizure, confiscation, requisition, arrest or destruction of the insured property by order of state bodies, unless the contract establishes other requirements. At the same time, the list of grounds exempting the insurer from payments and liability is not exhaustive, which means that it 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 the 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. At the same time, the sum insured cannot exceed the actual value of real estate at the time of conclusion of the insurance contract, and cannot be challenged in court, unless the insurer provides evidence that he was misled by the insured. By limiting the rights of the insured to this wording, the law allows the insurer not only to inspect the property, but also, if necessary, to resort to the services of independent appraisers to determine its value. Naturally, everything is documented.

Validity

The next essential condition of the real estate insurance contract is its validity period, which means the period of time when the insurer has an obligation to indemnify for damage caused to the object of insurance. The term is most relevant specifically for real estate, which is not subject to rapid wear and tear, therefore it is advisable to insure such an object for a long period with the help of prolongation or determine the term of the contract depending on the payment of the insurance premium by the insured. With automatic prolongation, there is a risk of missing the deadline set for the expression of the will of one of the parties to terminate the contract, and as a result, the risk of incurring losses.

In the second option - dependence of the term of the insurance contract on the payment of the insurance premium by the insured carries more serious risks. For example, let's take a standard insurance contract, which provides for the accrual of interest for the entire period of delay in payment of insurance compensation and a delay of three months, after which the contract is automatically terminated. If there was only a delay in paying the premium, then the insured must also pay interest 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 could 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 the premium for more than three months is the basis for automatic termination of the contract. And if an insured event occurs during these three months, then an unscrupulous insured may first pay all his debts for 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.

The amount of damage

It is rather 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, the insurer prescribes the most favorable assessment procedure in the insurance contract. And if the insured 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, in case of doubts about the validity of the expert's opinion, as well as in the presence of contradictions in it, has the right to appoint a second examination. Usually a dispute between the insurer and the insured arises because the owner of the property believes that the property was destroyed due to damage, and the insurer insists that only damage occurred. There is a difference in damage assessment. Therefore, the basis for its determination may be an act on 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 against all kinds of risks, while limiting the discretion of the parties in real estate insurance contracts.

According to the Civil Code Russian Federation(Article 930) property insurance is carried out by concluding a property insurance contract. Insurance is carried out in favor of a person (beneficiary or policyholder) who has an interest based on a contract (law, other legal act) in the preservation of his property.

A property insurance contract is considered invalid if it was concluded when the beneficiary or the insured had no interest in the safety of the insured property.

A property insurance contract may be concluded without the name and indication of the name of the beneficiary. At the conclusion of the contract, the policyholder is issued an insurance policy to the bearer. In order to exercise (realize) their rights upon the occurrence of an insured event, the beneficiary or the insured must provide the received policy to the insurer.

Risks under a property insurance contract

The Civil Code of the Russian Federation, in Articles 930, 931, 932 and 933, determines against what risks the property interests of citizens can be insured under a property insurance contract. Insurance risks include:

• risks of damage, shortage, destruction (loss) of the insured property;
• risks associated with liability for obligations that arise in the event of damage to the life, health or property of other persons, as well as for certain types of contracts, the occurrence of liability at the risk of civil liability;
• risks of possible losses from economic activity legal entities due to non-fulfillment by counterparties of an enterprise (organization, institution) of their obligations, a change in the conditions of entrepreneurial activity due to circumstances beyond the control of the entrepreneur, including entrepreneurial risk (the risk of not receiving planned income).

Important conditions for concluding a contract

Under a property insurance contract, any part (or group) of property can be insured. Property can be insured by legal entities and individuals both for its full real and actual value (according to the full assessment), and for its partial share. The actual value of the property is equivalent to the book (replacement) value.

The sum insured may not exceed the insured value of the property determined by the property insurance contract. In case of excess, the amount of the insurance premium must be reduced in proportion to the reduced sum insured. The portion of the premium paid in excess is non-refundable.

In accordance with Article 948 of the Civil Code of the Russian Federation, the insurer is not entitled to dispute the insurance value specified in the contract if, when concluding the insurance contract, he exercised his right to assess the insured risk.

If the policyholder fraudulently overstates the sum insured in the property insurance contract, the insurer has the right to put forward a claim for recognition this agreement insurance is invalid and file a claim for compensation for the losses caused to him. This rule is spelled out in Article 951, Clause 4 of the Civil Code of the Russian Federation and is used to prevent illegal enrichment of the beneficiary (insured). It is used in cases where the sum insured exceeds the insured value, which occurs as a result of insuring the same object with different insurers (double insurance).

A property insurance contract can be concluded for one year or for an indefinite period, with a mandatory annual recalculation of the value of the property and the amount of the annual payment. A property insurance contract concluded for an indefinite period is considered to be prolonged for the next period, subject to the obligatory payment of a certain part of insurance payments (as a rule, up to 25%) calculated for the next period.

Insurance compensation

In accordance with the rules of the property insurance contract, the ultimate goal of property insurance is compensation for incurred losses. Receipt additional income, through insurance, is prohibited by the legislation of the Russian Federation. Therefore, the insurer compensates only for the loss that is determined within the limits of the sum insured.

The total amount of the payment will consist of the insurance indemnity and compensation for the costs incurred by the insured (beneficiary).

What is subrogation?

An important feature of a property insurance contract is subrogation, that is, the transfer of the right of the beneficiary (insured) to the insurer. In property insurance, the right to claim the beneficiary (insured) passes to the insurer within the paid insurance indemnity, while the rest is retained by the injured insured.

If the actual losses exceeded the compensation payment received from the insurer, the beneficiary (insured) has the right to demand payment of this difference from the person who caused harm or damage to him.

Important!

Subrogation is used in any property insurance relationship.

A well-executed property insurance contract is a guarantee that, in the event of an insured event, the client will be able to receive compensation for the incurred losses 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 apply for property insurance? What can cause an insurance contract to be canceled and what is the procedure for terminating it?

Participants of 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 insured has the right to count on compensation for expenses associated with damage to the insured property.

The main parties to property insurance are the insured and the insurer. An insured is a natural or legal person who wishes to insure their property. The insured is a legal entity licensed to perform 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 insured.

Objects and insured risks of property insurance

Standard property insurance programs guarantee reimbursement of expenses related to the following insurance risks:

• total or partial loss of property of an individual or legal entity;
• losses incurred while doing business;
• causing damage to the property of third parties.

The following can be selected as objects of property insurance:

• 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):
• data of the insured / beneficiary (name of the legal entity or full name of the citizen, his passport data);
• description of the object of insurance;
• the amount of insurance coverage;
• list of insurance risks (fire, flood, actions of third parties, etc.);
• contract time;
• the amount of the insurance premium;
• obligations of the parties to the contract;
• insurance policy number (when issued);
• date of signing the document.

The contract comes into force from the moment the client pays the insurance premium (or partial installment payment in case of payment by installments) and signing the agreement.

Documents required for the conclusion of the contract

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

• citizen's passport or extract from the Unified State Register of Legal Entities (EGRLE) for legal entities. persons;
• a document confirming the ownership of the property (contract of sale, exchange, donation, certificate of inheritance, etc.);
• a document confirming the value of the insured values, such as a valuation report (jewelry, art, cars, other vehicles);
• photographs of the insured property.

Responsibility of the parties

The conclusion of an insurance agreement implies the responsibility of both parties who signed the document for the fulfillment of the conditions indicated 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 usually it undertakes:

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

In the event that violations are committed by the insured, then he must:

• pay compensation to the insurer;
• pay interest.

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

An example from judicial practice. LLC "Fest", being the insurer of its property, in particular - the warehouse of finished products, suffered losses: the warehouse building burned down in a fire. The insurer delayed the 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 file statement of claim to court. The court decision ordered the insurer to pay the applicant, in addition to the amount of insurance compensation directly, also the amount of losses incurred in the amount of rent paid by the insured to a third-party company.

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 in the presence of weighty reasons, documented.

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

• overestimation by the insured of the real value of the object of insurance;
• growth of insurance risks in comparison with earlier stipulated in the contract;
• intentional initiation of an insured event by the client;
• 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 entailed 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 activity of the insurance company;
• death of the insured.

Termination procedure

If the policyholder initiates the termination of the contract, 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 the implementation or refusal of payments. If the response is positive, the agreement is usually terminated, the invalid policy is canceled, and the insurer pays part of the insurance premiums, if it is prescribed in the contract. If the answer is negative, the insured has the right to file a claim with the court.

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