Liability insurance under the contract: procedure, conditions, and guidance documents

In the modern world that requires separate attention insurance claims, related concepts and laws, as well as the nuances of civil security. It is important not only to understand what is reflected in the content of the contract of insurance of responsibility of citizens (TH), but also to discern the features inherent in the different cases and species.

In Addition, the package of required documents and conclusion of contract – information is not less important, so it should be freely available to every citizen. Which means liability insurance contract?

What is GO insurance?

The Main feature of such agreements formulated on the basis of the GO insurance – a subject on which there is an agreement that is proprietary in nature.

In the practice there is an indisputable postulate, he also – basic rule – if the person caused the damage, whether material or physical, caused to the injured party harm, it is obliged to fully compensate the damages and losses. For this and liability insurance under the agreement.

Article refunds

• The Property expenses of the injured party. This article includes absolutely all economic and financial coverage, which are claimed by the aggrieved party to restore or refund in full, or repair of property that was ruined the culprit. This is called coverage for the actual damage caused to the victim by the perpetrators. For example, it provides for a compulsory insurance agreement of civil liability of the owner of the car.
• The Expenses of a legal nature incurred by the victim. Includes the money that the person who suffered the loss of rights, spent to restore them. This could include, for example, expenses resulting from the recall of goods or services various legal expenses.
• The Income achieved by the victim. If the property, which has suffered as a result of actions of the culprit, brought its owner an income, then the originator is obliged to reimburse the amount of benefits that were lost during a specific period and under certain conditions. This procedure is clearly stated in the fifteenth article of the civil code.
• Compensation for harm inflicted to health and life of the victim.

It is Worth noting that liability insurance contract in this case will apply not only to actions, bearing destructive (destructive) in nature, but acts of omission which involve damage to the victim.

Recommended

Insurance for pregnant women when traveling abroad: features, views, and reviews

Currently, in our country there is a huge number of insurance companies that are willing to provide the necessary services at any time. Insurance expectant mothers – is a separate activity that SK are doing very reluctantly. The fact is that pr...

Construction company "Rosstroyinvest": feedback from real estate investors. LCD "Old fortress". LCD "Golden domes"

One of the most promising participants in the Russian real estate market, particularly in the joint construction, is the "Rosstroyinvest". Reviews of investors are saying about the leading role of the construction company year of Foundation, in 2002,...

The conditions for obtaining credit in modern banking institutions

Any aspiring entrepreneur is faced with the problem of insufficient funding of their own business. Currently, this problem can be solved by knowing the terms of the loan and taking the necessary amount from the Bank. This method is best for solving p...

Classification of responsibility

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

In the case of contractual regulation are subject to rules, obligations and responsibility as well as penalties for failure to comply with that prescribed in the text of the respective agreement.

ON Treaty language is limited by insurance rules and order, or responsibility provided by law or by personal agreement. The terms of the insurance contract liability will be discussed below.

That is, there are two options. First: framework within which to fulfill the contract are regulated by legal forms and limited lawful limits of liability. Second option: two sides of the contract agree on the framework of responsibility – who, how and what to answer.

All agreements set forth in the agreement should be spelled out clearly, all the terms, amount and rights should be recorded.

Non-contractual form (also called tort) is governed only by the law and other normative-legal acts.

The Most common is the liability insurance contract.

It Should be noted that each different liability regimes. For example, there are different types of lawsuits, depending on whether you use the contract or tort.

• The condition of the origin of the damage.
• The Statute of limitations.
• The burden of proof of fault.
• The absence or the presence of non-pecuniary damage.
• Other modes. Such distinctions GO is a necessity in case if there is illegal activity associated with the obligations under the agreement.

As example is the case where the passenger has suffered from the actions of the carrier are entitled to choose the mode of judicial execution and the form of statement of claim.

Why would I want the conclusion of the insurance contract liability?

Features

The civil code captures some of the features accompanying the enactment of the insurance contract. Detail is contained in the 48th Chapter, article No. 932:

1. Only a single policyholder can insure against liability risks that may arise for breach of contract.
2. Can Also be insured by the beneficiary. This is not essential, it is fixed in the contract or not, for whose benefit it was concluded (in favor of the insured, beneficiary, other persons, or in whose favor).
3. Insured riskliability arising under breach of contract, or permitted by law.

Types of contracts

There are currently some of the most common insurance contracts, which reflect different cases of insurance of the character and civic responsibility that is different from other types of liability.

The types of insurance against the risk of liability include:

• GO Insurance of the Builder.
• Operator.
• Car Owners. It is a contract of insurance of responsibility of owners of vehicles.
• Cargo Carriers or passenger carriers.
• The Contract of insurance of responsibility for causing harm.

In consideration of the peculiarities of insurance for a variety of reasons and not superfluous to devote separate attention to each of the above types of agreement.

Insurance Contract TH development

In accordance with the amendments to the Federal law, developers must fulfill certain obligations regarding the transfer of premises that appear in the contract.

Provision of a Deposit is a commitment. To choose a Deposit you can of several ways:

1. Guarantee Bank.
2. The insurance Contract, the developer for the risk that may arise due to default.

An insurance Contract in this case must be concluded before to be filed all necessary documents for the implementation of the agreement of share building or other construction contract to the Russian state register.

At the conclusion of such an agreement the object of insurance will be the property interests of the insurant (in this case – the developer), which are inseparably connected with the interests of the beneficiaries, i.e. the participants of shared construction.

The Insured event is the failure of the developer obligations for the delivery of housing to participants of the contract of shared construction. With all the money insured and size of losses should be calculated in accordance with the agreement of share building.

Agreement of compulsory insurance of civil liability of a tour operator

If to speak about the contractual relationships relating to the tourism agreement, and the fulfillment of obligations by the tour operator (which is in this case the Insurer), the clients (who are beneficiaries), is entitled to submit a written requirement to cover all incurred expenses, including the cost of the permit.

In this case, the governing legislation is the Federal law No. 132, the retainer bases of tourist activity, as well as rules for insurance.

In the case of insurance, ON tour insurance risk can be:

• The Losses which have arisen because of non-performance or improper performance by the Policyholder of its commitments.
• The Presence in the tourism product unspecified situations.
• Violation of the measures for ensuring the security of client the tour operator for the organization of the trip or during the trip.

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

GO Insurance car owners

In accordance with the legislation that currently operates in Russia, every owner of the vehicle or the owner of the taxi company is obliged to conclude the insurance contract of compulsory insurance, it insurance.

This kind today is the most common on the market of such services. The main insured events under the contract of insurance are:

• Damage to another passenger or vehicle resulting from the accident.
• Damage to property, excluding damage to health of the victim.
• The accident involved no more than two vehicles. It all provides for a contract of compulsory insurance liability of owners of vehicles.

Both the vehicle, injured in an accident, needs to have insurance policies.

The insurance Contract the carrier

In this case the carrier's liability is governed by the Federal law № 67. In accordance with this law, all legal entities, companies, enterprises, organizations providing services for the implementation of any of the types of transport are obliged to insure their GO, if they carry passengers.

With the exception of metro and cab cars of the type the law requires to insure its passengers the carriers operating the following vehicles:

• Train. Moreover, the insurance is made during transport for any distance. Also regulated by the Charter of railway transport.
• Air. Insurance is required for transport distances of any range, including helicopters. This activity is regulated by the Air code. What else is necessary, the contract of insurance of civil liability of owners of vehicles?
• Sea. Activities regulated by the Code of Maritime navigation. If we are talking about transporting cargo.
• Inland water. Control is based on the Code of inland watertransport.
• Ground. This category includes trams, buses, trolley buses, metro, monorail transport. Regulation is carried out on the basis of the Charter of automobile transport and urban ground electric.

The Contract of insurance of civil liability for causing of harm

In the civil code and the law on insurance of fixed liability provisions that may lie in contract and tort the form of regulation of compensation for insurance cases. Namely:

1. Allowed to insure the same risk of the insured in accordance with the contract, in which he has certain obligations in case be harmed or harm to another person.
2. The contract must be spelled out whoever is responsible. Otherwise, the responsibility will fall on the policyholder.
3. The Contract of insurance on the damage or harm is always considered concluded in favor of the person injured. Regardless of the availability of insurance from the policyholder.

What else could be the contract of compulsory liability insurance?

GO Insurance to third parties

If we consider this on the example of the agreement relating to the construction and installation works, it becomes clear that is a GO insurance to third parties.

In this case, the contract may be concluded for a company engaged in the development, which will act as the first insured, the main contractor, which will be the second, and the individual who directly performs the insured and the beneficiary.

Object can be both a property interest and damages, the harm that may be caused to third parties during construction and installation works, or works related to commissioning.

In this case, the insurance risks are recognized:

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

Required documents and the registration procedure

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

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

• You Must submit a written statement which will contain the request for provision of insurance services. After this meeting the two parties to implement the negotiations to discuss without exception, all the obligations and conditions. The representative of the insurance company is obliged to inform the citizen about all conditions, possible risks, benefits, specific to each of the proposed products.
• In accordance with the principle of highest good faith, characteristic for the sphere of insurance, the person or entity providing similar services must notify their customers about the terms of the agreement honestly and in full.
• After discussion, the conditions in the agreement reflects the will of the policyholder.
• The Contract must contain information such as surname, name, patronymic and name of the policyholder.
• Must be specified and the specified amount of insurance risk causing damage to property.
• You Must also specify the period of insurance, premium, view, and also the way will be made contributions.
• Separate paragraph should indicate the cases that are not insurance, and upon the occurrence of which payment will not be appointed.

So, GO insurance is a statutory, civil code or contract of insurance of risk of responsibility corresponding to a particular type, some measure of compulsion at the state level, which are assessed when a violation occurs and there is a need to repair them when the damage was caused or damage and required to reimburse.

That is why a legislative framework is so important. It is designed to regulate the implementation of certain measures designed to meet the needs of the victim at the expense of the violator or the perpetrator who caused him harm.