Liability insurance under the contract: the order of actions, conditions, documents and recommendations

In the modern world, insured events, associated concepts and laws, as well as nuances of civil insurance require special attention. It is important not only to understand what is reflected in the content of the liability insurance contract (CG), but also to distinguish the features inherent in different cases and species.

In addition, the composition of the package of required documents and the procedure for concluding the contract - information is no less important, so it should be freely available to every citizen. What does liability insurance mean?

What is insurance of GO?

The main distinguishing feature of such agreements, formulated on the basis of insurance of civil defense, is the subject matter of the agreement, it is of a property nature.

In such practice there is an immutable postulate, it is also a basic rule - if a person caused damage, whether property or physical, caused harm to the injured party, then it is obliged to fully compensate for the losses and losses that have arisen. For this, liability insurance under the contract is made.

Claims items

• Property costs of the injured party. This article includes absolutely all the property and financial coverage that the injured party claims to restore or return in full, or to repair property that was spoiled by the culprit. This is called covering the real damage caused to the injured culprits. For example, this provides for a contract of compulsory insurance of civil liability of the car owner.
• Legal costs incurred by the victim. Includes cash that a person who has suffered a loss of rights has spent in order to restore them. This can include, for example, costs resulting from the recall of goods or services, various court costs.
• The income that the victim received. If the property that suffered as a result of the actions of the culprit brought its owner income, then the culprit is obliged to reimburse the amount of the benefit that was missed for a specific period and under certain conditions. This procedure is clearly fixed in the fifteenth article of the Civil Code of the Russian Federation.
• Compensation for harm, which was inflicted on the health and life of the victim.

It is worth noting that liability insurance under the contract in this case will extend not only to actions that are destructive (destructive), but also to cases of inaction, which entail causing damage to the victim.

Classification of liability

Civil liability is divided into two components: contractual and non-contractual.

In the contractual case, rules, obligations and responsibilities, as well as penalties for non-compliance, which are prescribed in the text of the relevant treaty, are subject to regulation.

The type of contractual type of GO is limited to the rules of insurance and the procedure, or liability, provided for by law or by personal agreement of the parties to the contract. The terms of the liability insurance agreement will be discussed below.

That is, two options are possible. The first: the framework within which the contract is executed is regulated by legislative forms and limited by law limits of responsibility. The second option: the two parties to the agreement independently agree on a liability framework - who, how and for what will be responsible.

All arrangements regulated by the treaty must be clearly stated, all terms, amounts and rights must be fixed.

Non-contractual form of GO (it is also called tortious) is regulated only by law and other regulatory legal acts.

The most common is liability insurance under the contract.

It should be noted that the liability regimes differ among themselves. For example, there are different types of lawsuits, depending on whether the contract or delict is used:

• By the condition of the origin of the damage.
• According to the terms of the limitation period.
• On the burden of proving guilt.
• On the absence or presence of compensation for moral damage.
• Other modes. Such demarcation of civil defense is a necessity in case there is an unlawful action related to the obligations under the treaty.

As an example, we can cite the case when a passenger injured by the carrier's actions has the right to independently choose the mode of judicial execution and the type of claim.

Why might a liability insurance contract be required?

Features

The Civil Code of the Russian Federation fixes certain features that accompany the operation of the insurance contract for civil defense. This is detailed in the 48th chapter, in Article No. 932:

1. Only one single insurer can insure against the risk of liability, which may arise for breach of contract.
2. The beneficiary may also be insured. At the same time, it is immaterial whether this is fixed in the agreement or not, in whose favor it was concluded (in favor of the policyholder, beneficiary, other persons, in whose favor).
3. The insured risk of liability arising from breach of contract is provided for by law.

Types of contracts

Currently, there are a number of the most common insurance contracts, which reflect different cases of insurance nature and civil liability, different from other types of liability.

The types of insurance against the risk of liability include:

• Insurance of the developer.
• Tour operator.
• Owners of cars. This is the vehicle owners' liability insurance policy.
• Carriers or passengers.
• Contract of liability insurance for causing harm.

In the process of considering the features of insurance for various reasons and the GO, it is not superfluous to pay particular attention to each of the types of contract listed.

Contract of insurance of the developer's BU

In accordance with the amendments adopted in the Federal Law, developers have to fulfill certain obligations relating to the transfer of residential premises to those participants who appear in the concluded contract.

Providing a certain type of collateral is such an obligation. You can choose a deposit from several ways:

1. Guarantee of the bank.
2. The contract of insurance of the developer's GA on risk, which may arise due to default.

The insurance contract in this case will need to be concluded even before all the necessary documents are submitted for the agreement on the implementation of shared construction or another construction contract for Rosreestr.

When concluding such an agreement, the property interests of the insured (in this case, the developer) will be the object of insurance, which are inextricably linked with the interests of the beneficiaries, that is, the participants in the shared construction.

The insured event is the developer's failure to fulfill the obligations on the delivery of housing to the participants in the shared construction agreement. At the same time, all insurance amounts and losses should be calculated in accordance with the shared construction agreement.

The contract of compulsory insurance of civil liability of the tour operator

If we talk about the contractual relationship relating to the tourist contract and the failure to fulfill the obligations of the tour operator (which is in this case the Insured), then the clients of the company (who are the beneficiaries) are entitled to submit written requests for covering all expenses incurred, including the cost of the tour itself .

In this case, the regulatory act is Federal Law No. 132, which fixes the basis for tourist activities, as well as the rules for insurance of civil aviation.

In case of insurance of the tour operator, insurance risks may be:

• Losses that arose as a result of full non-performance or improper performance by the Insured of its obligations.
• Presence of unconfirmed situations in the tourist product.
• Violation of security measures for the client of the tour operator during the organization of the trip or directly during the trip.

Under this agreement, the insurance indemnity includes the amounts fixed by the contract of liability insurance of the tour operator, as well as compensation for the damage actually caused to the beneficiary.

Motor Vehicle Owners Insurance

In accordance with the legislation currently in force in the territory of the Russian Federation, every owner of the vehicle or owner of a taxi park is obliged to conclude compulsory insurance with an insurance contract, which is also OSAGO.

This species is today the most widespread in the market of similar services. The main insurance cases under the OSAGO contract include:

• Damage to a passenger or other vehicle caused by an accident.
• Damage to property, excluding damage to the health of the victim.
• In an accident, no more than two vehicles participate. This all provides for a compulsory motor third party liability insurance.

Both vehicles affected by the accident must have OSAGO policies.

Contract of insurance of the carrier's GO

In this case, the carrier's liability is regulated by Federal Law No. 67. In accordance with this law, all legal entities, firms, enterprises, organizations providing services for any of the modes of transportation are obliged to insure their GO if they transport passengers.

With the exception of the metro and a taxi of a passenger type, the law obliges to insure its passengers to carriers carrying out the activities listed below:

• Railway. Moreover, insurance is carried out for transportation to absolutely any range. Also regulated by the Charter railway transport.
• Air. Insurance is required for transportation to distances of any range, including helicopters. This activity is regulated by the Air Code. What else is needed for the civil liability insurance of vehicle owners?
• Nautical. The activity is regulated by the Code of Maritime Navigation. If it is a question of cargo transportation.
• Inland waterway. The control is carried out on the basis of the Code of Inland Water Transport.
• Ground. This category includes trams, buses, trolleybuses, metro, monorail. Regulation is carried out on the basis of the Charter of Road Transport and City Urban Electric Transport.

Contract of insurance of civil liability for causing harm

The Civil Code of the Russian Federation and the law on insurance fixed provisions on liability, which can lie in the contractual and tortuous form of regulation of compensation for insured events. Namely:

1. It is allowed to insure the risk of the GO of the insured person in accordance with the contract in which he bears certain obligations in the event that harm or damage is caused to other persons.
2. The contract must necessarily be written by the one who is responsible. Otherwise, the entire liability will be borne by the insured.
3. The contract of insurance of civil liability for damage or harm is always considered to be concluded in favor of the person of the victim. Regardless of the availability of insurance from the insured.

What else can be the contract of compulsory liability insurance?

Third Party Insurance

If we consider this type using the example of an agreement concerning construction and installation works, it becomes clear what is the insurance of civil aviation before third parties.

In this case, the contract may be concluded by the building company that will act as the first insurer, the main contractor who will be the second, and the person who is directly insured and acts as the beneficiary.

The object can be, as property interest, and damage, harm, which can be caused to third parties during construction and installation works, or works related to commissioning.

In this case, the following are recognized as insurance risks:

• Damage caused to health or life of third parties.
• Damage to the property of third parties.
• Concluded in one case damage to property, health and life of third parties.

Necessary documents and order of registration

Insurance of any type of GO is always carried out in accordance with a certain order.

This procedure is regulated by the code of insurance rules. They include:

• It is necessary to submit a written application, which will contain a request for the provision of insurance services. After that, there is a meeting of the two sides to carry out the negotiations, at which all obligations and conditions are discussed without exception. At the same time, the representative of the insurance company is obliged to inform the citizen about all conditions, possible risks, privileges, characteristic for each of the offered products.
• In accordance with the principle of the highest conscientiousness characteristic of the insurance industry, a person or organization providing similar services should notify its clients about the terms of the contract honestly and in full.
• After discussing the terms in the agreement, the will of the insured is reflected.
• The contract must contain such information as the surname, first name, middle name and contacts of the insured.
• The sum of insurance of risks for causing property damage must be stipulated and indicated.
• It is also necessary to indicate the insurance period, bonuses, type, as well as the way in which contributions will be made.
• A separate point should be indicated cases that are not insurance, and in the event of which compensation will not be awarded.

Thus, insurance of civil defense is a measure of compulsory liability at the level of the state provided by law, the Civil Code of the Russian Federation, or a liability insurance contract corresponding to a certain type, applied when there is a violation of rights and there is a need to restore them, when damage or harm was done And it is required to compensate.

That is why the legislative framework is so important. It is designed to regulate the implementation of certain measures aimed at meeting the needs of the injured person at the expense of the offender or the perpetrator that caused him harm.