Chapter 48. Insurance.
Article 927. Voluntary and compulsory insurance.
1. Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or a legal entity (insurer) with an insurance organization (insurer).
A personal insurance contract is a public contract (Article 426).
2. In cases when the law obliges the persons specified in it to insure as insurers the life, health or property of other persons or their civil liability to other persons at their own expense or at the expense of interested persons (compulsory insurance), insurance is carried out by entering into contracts in accordance with the rules of this chapter. For insurers, the conclusion of insurance contracts on the conditions proposed by the insured is not mandatory.
3. The law may provide for cases of compulsory life insurance, health and property of citizens at the expense of funds provided from the relevant budget (compulsory state insurance).
Article 928. Interests whose insurance is not allowed.
1. Insurance of unlawful interests is not allowed.
2. Insurance of losses from participation in games, lotteries and betting is not allowed.
3. Insurance of expenses to which a person may be forced to release hostages shall not be allowed.
4. Terms of insurance contracts contrary to clauses 1-3 of this article shall be void.
Article 929. Property insurance contract.
1. Under a property insurance contract, one party (insurer) undertakes, for a contractual payment (insurance premium) upon the occurrence of an event (insured event) stipulated in the contract, to reimburse the other party (insured) or other person for whose benefit the contract was concluded (beneficiary) as a result of this event, losses in the insured property or losses in connection with other property interests of the insured (pay insurance indemnity) within the limits of the amount determined by the contract (insurance Ummah).
2. Under a property insurance contract, in particular, the following property interests may be insured:
1) the risk of loss (destruction), shortage or damage to certain property (Article 930);
2) the risk of liability for obligations arising as a result of causing harm to the life, health or property of other persons, and in cases provided for by law also contractual liability - the risk of civil liability (sections 931 and 932);
3) the risk of losses from entrepreneurial activities due to the violation of its obligations by the counterparties of the entrepreneur or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (article 933).
Article 930. Property insurance.
1. Property may be insured under an insurance contract in favor of a person (insured or beneficiary) who has an interest based on law, other legal act or contract in preserving this property.
2. A property insurance contract concluded in the absence of the insured or beneficiary’s interest in preserving the insured property is void.
3. A property insurance contract for the benefit of the beneficiary may be concluded without specifying the name or the name of the beneficiary (insurance “at the expense of whom it follows”).
At the conclusion of such a contract, the policyholder is issued an insurance policy for the bearer. When exercising rights under such an agreement by the insurer or beneficiary, it is necessary to submit this policy to the insurer.
Article 931. Insurance of liability for causing harm.
1. Under the contract of insurance of the risk of liability for obligations arising as a result of causing harm to life, health or property of other persons, the risk of liability of the policyholder himself or another person who may be charged with such liability may be insured.
2. A person whose risk of liability for causing harm is insured must be named in the insurance contract. If this person is not named in the contract, the risk of liability of the policyholder is considered to be insured.
3. The contract of insurance of risk of liability for causing harm is considered concluded in favor of persons who may be harmed (beneficiaries), even if the contract is concluded in favor of the policyholder or other person responsible for causing harm, or the contract does not say in whose favor he enclosed.
4. In the case when the liability for causing harm is insured due to the fact that its insurance is mandatory, and also in other cases stipulated by the law or an insurance contract of such liability, the person for whose benefit the contract of insurance is deemed to be concluded has the right to present directly compensation for damage within the insured amount.
Article 932. Liability insurance under the contract.
1. Insurance of the risk of liability for breach of contract is allowed in cases provided by law.
2. Under the insurance contract of risk of liability for breach of contract, only the risk of liability of the insured himself can be insured. An insurance contract that does not comply with this requirement is void.
3. The risk of liability for breach of contract is considered insured in favor of the party to whom under the terms of this contract the policyholder must bear the corresponding liability - the beneficiary, even if the insurance contract is concluded for the benefit of another person or it does not say in whose favor it is concluded.
Article 933. Insurance of business risk.
Under the contract of insurance of entrepreneurial risk, entrepreneurial risk can be insured only for the insured himself and only in his favor.
The business risk insurance contract of a person who is not the insured is void.
The contract of insurance of business risk in favor of a person who is not the insured is considered concluded in favor of the insured.
Article 934. The contract of personal insurance.
1. Under a personal insurance contract, one party (the insurer) undertakes to pay a contractual payment (insurance premium) paid by another party (the insured) to pay a lump sum or pay a periodically determined amount (insurance sum) in the event of harm to the policyholder another citizen (insured person) named in the contract, attaining a certain age or the onset of another event (insured event) in his life.
The right to receive the insurance amount belongs to the person in whose favor the contract is concluded.
2. A personal insurance contract shall be deemed concluded for the benefit of the insured person, unless another person is named as the beneficiary in the contract. In the event of the death of a person insured under a contract in which no other beneficiary is named, the heirs of the insured person are recognized as beneficiaries.
A contract of personal insurance in favor of a person who is not an insured person, including in favor of a policyholder who is not an insured person, can be concluded only with the written consent of the insured person. In the absence of such consent, the contract may be invalidated at the suit of the insured person, and in the event of the death of that person at the suit of his heirs.
Article 935. Compulsory insurance.
1. The law may specify the persons indicated in it to insure:
life, health or property of other persons defined in the law in case of harm to their life, health or property;
the risk of their civil liability, which may occur as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.
2. The duty to insure one’s life or health cannot be assigned to a citizen by law.
3. In cases provided for by law or in accordance with the procedure established by it, legal entities that have state or municipal property under economic management or operational management may be obliged to insure this property.
4. In cases when the obligation of insurance does not arise from the law, but is based on a contract, including the obligation to insure property, on an agreement with the owner of the property or on the constituent documents of a legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article and does not entail the consequences provided for in Article 937 of this Code.
Article 936. Implementation of compulsory insurance.
1. Compulsory insurance is carried out by entering into an insurance contract by a person charged with the obligation of such insurance (insured) with the insurer.
2. Compulsory insurance is carried out at the expense of the insured, with the exception of compulsory insurance of passengers, which in cases provided by law may be carried out at their expense.
3. Objects subject to compulsory insurance, the risks against which they should be insured, and the minimum amounts of insurance amounts are determined by law, and in the case provided for by paragraph 3 of Article 935 of this Code, by law or in the manner prescribed by it.
Article 937. Consequences of violation of the rules on compulsory insurance.
1. A person in whose favor a statutory insurance must be carried out is entitled, if he knows that insurance has not been carried out, to demand in a court procedure its implementation by a person who has been charged with insurance.
2. If the person entrusted with the insurance has not implemented it or entered into an insurance contract on conditions that worsen the position of the beneficiary compared to the conditions defined by law, it is liable to the beneficiary under the same conditions as the insurance case. insurance indemnity payable with proper insurance.
3. Amounts unjustifiably saved by a person charged with insurance, due to the fact that it did not fulfill this obligation or fulfilled it improperly, are collected at the claim of the state insurance supervision authorities to the income of the Russian Federation with the interest charged on these amounts in accordance with article 395 of this Code.
Article 938. Insurer.
As insurers, insurance contracts may be entered into by legal entities that have permits (licenses) to carry out insurance of the relevant type.
Requirements that insurance organizations must meet, the procedure for licensing their activities and the implementation of state supervision of this activity are determined by insurance laws.
Article 939. Fulfillment of obligations under an insurance contract by the insured and beneficiary.
1. The conclusion of an insurance contract for the benefit of the beneficiary, including when it is an insured person, does not relieve the policyholder from fulfilling the obligations under this contract unless the contract provides otherwise or the policyholder’s obligations are performed by the person in whose favor the contract is concluded.
2. The insurer shall have the right to demand from the beneficiary, including when the beneficiary is the insured person, to fulfill obligations under the insurance contract, including obligations imposed on the policyholder but not fulfilled by him, upon presentation by the beneficiary of a claim for payment of insurance compensation under the property insurance or the sum insured under a personal insurance contract. The risk of the consequences of failure to fulfill or late fulfillment of duties that should have been fulfilled earlier is borne by the beneficiary.
Article 940. The form of the insurance contract.
1. The insurance contract must be concluded in writing.
Failure to comply with the written form shall entail the invalidity of the insurance contract, with the exception of the contract of compulsory state insurance (Article 969).
2. An insurance contract may be concluded by drawing up a single document (clause 2 of Article 434) or by handing the insurer to the insurer on the basis of his written or oral statement of the insurance policy (certificate, certificate, receipt) signed by the insurer.
In the latter case, the consent of the insurer to conclude an agreement on the conditions proposed by the insurer is confirmed by the acceptance of the documents specified in the first paragraph of this clause from the insurer.
3. When concluding an insurance contract, the insurer has the right to apply the standard contract forms (insurance policy) developed by him or by an insurer for certain types of insurance.
Article 941. Insurance under the general policy.
1. Systematic insurance of different lots of homogeneous property (goods, cargo, etc.) under similar conditions for a certain period of time may, by agreement of the insured with the insurer, be carried out on the basis of one insurance contract - the general policy.
2. The insured is obliged in respect of each consignment of property subject to the general policy to the insurer to inform the insurer of the information stipulated by such a policy within the period specified by it, and if it is not provided, immediately upon receipt. The insured is not exempt from this obligation, even if by the time of receipt of such information the possibility of losses to be reimbursed by the insurer has already passed.
3. At the request of the insurer, the insurer is obliged to issue insurance policies for individual lots of property falling under the general policy.
If the content of the insurance policy does not comply with the general policy, preference is given to the insurance policy.
Article 942. The essential terms of the insurance contract.
1. When concluding a property insurance contract, an agreement must be reached between the insurer and the insurer:
1) about a certain property or other property interest being an object of insurance;
2) the nature of the event in the event of the occurrence of which the insurance is carried out (of the insured event);
3) the amount of the insured amount;
4) the term of the contract.
2. When concluding a personal insurance contract, an agreement must be reached between the insurer and the insurer:
1) of the insured person;
2) the nature of the event for the case of the occurrence of which the insured person is insured (insured event) in the life of the insured person;
3) the amount of the insured amount;
4) the term of the contract.
Article 943. The definition of the terms of the insurance contract in the rules of insurance.
1. The terms on which the insurance contract is concluded may be defined in the standard insurance rules of the relevant type, adopted, approved or approved by the insurer or by the association of insurers (insurance rules).
2. The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are binding on the policyholder (beneficiary) if the contract (insurance policy) explicitly states the use of such rules and the rules themselves are set out in the same document with the contract ( insurance policy) or on its reverse side or attached to it. In the latter case, the delivery of the insurance rules to the policyholder upon entry into the contract must be certified by an entry in the contract.
3. When concluding an insurance contract, the insured and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.
4. The policyholder (beneficiary) is entitled to refer, in defense of his interests, to the insurance rules of the relevant type, which are referenced in the insurance contract (insurance policy), even if these rules, by virtue of this article, are optional for him.
Article 944. Information provided by the policyholder upon entry into the insurance contract.
1. When concluding an insurance contract, the insurer is obliged to inform the insurer of circumstances known to the insurer that are essential for determining the likelihood of an insured event and the amount of possible losses from its occurrence (insured risk) if these circumstances are not known and should not be known to the insurer.
In any case, the circumstances defined by the insurer in the standard form of an insurance contract (insurance policy) or in its written request are recognized as essential.
2. If the insurance contract is concluded in the absence of the insurer's answers to any questions from the insurer, the insurer cannot subsequently demand termination of the contract or invalidation of the contract on the grounds that the relevant circumstances were not communicated by the insured.
3. If, after entering into the insurance contract, it is established that the insurer has provided the insurer with knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer has the right to demand that the contract be declared invalid and the consequences provided for in paragraph 2 of article 179 of this Code be applied.
The insurer may not require the recognition of the insurance contract as invalid if the circumstances that the insured was silent about have already disappeared.
Article 945. The right of the insurer to assess the insured risk.
1. When concluding a property insurance contract, the insurer shall have the right to inspect the property to be insured, and, if necessary, schedule an examination in order to establish its actual value.
2. When concluding a personal insurance contract, the insurer shall have the right to conduct an examination of the insured person to assess the actual state of his health.
3. The assessment of the insured risk by the insurer on the basis of this article is not mandatory for the insured, who is entitled to prove otherwise.
Article 946. The secret of insurance.
Article 959. Consequences of an increase in insurance risk during the term of the insurance contract.
1. During the validity period of the property insurance contract, the policyholder (beneficiary) shall immediately inform the insurer about significant changes in the circumstances that have become known to him that were communicated to the insurer at the time of entering into the contract if these changes may significantly affect the increase in insured risk.
Significant, in any case, are the changes stipulated in the insurance contract (insurance policy) and in the insurance rules transferred to the policyholder.
2. The insurer notified of the circumstances entailing an increase in the insured risk is entitled to request changes in the terms of the insurance contract or payment of an additional insurance premium commensurate with the increase in risk.
If the policyholder (beneficiary) objects to changing the terms of the insurance contract or the insurance premium surcharge, the insurer has the right to demand termination of the contract in accordance with the rules provided for by Chapter 29 of this Code.
3. If the insurer or beneficiary fails to fulfill the obligations provided for in paragraph 1 of this article, the insurer shall have the right to demand termination of the insurance contract and compensation for losses caused by termination of the contract (paragraph 45 of article 453).
4. The insurer shall not have the right to demand termination of the insurance contract if the circumstances entailing an increase in the insured risk have already disappeared.
5. In the case of personal insurance, the consequences of a change in insurance risk during the term of the insurance contract specified in clauses 2 and 3 of this article can occur only if they are expressly provided for in the contract.
Article 960. Transfer of rights to the insured property to another person.
When rights to the insured property are transferred from the person in whose interests the insurance contract was entered into, the rights and obligations under this contract are transferred to another person to the person to whom the rights to the property have been transferred, except in cases of forced seizure of property on the grounds specified in paragraph 2 Article 235 of this Code, and the waiver of property rights (Article 236).
The person to whom the rights to the insured property have been transferred must immediately notify the insurer in writing.
Article 961. Notification of the insurer of the occurrence of the insured event.
1. The insured under a property insurance contract, after he becomes aware of the occurrence of the insured event, is obliged to immediately notify the insurer or his representative about his occurrence. If the contract provides for a deadline and (or) method of notification, it must be done within the agreed time and in the manner specified in the contract.
The same obligation lies with the beneficiary, who is aware of the conclusion of the insurance contract in his favor, if he intends to exercise the right to insurance compensation.
2. Failure to fulfill the obligation specified in clause 1 of this article gives the insurer the right to refuse to pay the insurance indemnity if it is not proved that the insurer learned about the insured event in a timely manner or that the insurer's lack of information about this could not affect his obligation to pay the insurance indemnity .
3. The rules provided for in paragraphs 1 and 2 of this article shall apply accordingly to a personal insurance contract if the insured event is the death of the insured person or the harm to his health. At the same time, the term for notification of the insurer established by the contract shall not be less than thirty days.
Article 962. Reduction of losses from the insured event.
1. In the event of an insured event under the property insurance contract, the policyholder is obliged to take reasonable measures available in the circumstances in order to reduce potential losses.
When taking such measures, the policyholder must follow the insurer's instructions if they are communicated to the policyholder.
2. Expenses to reduce the losses to be reimbursed by the insurer, if such expenses were necessary or were incurred to fulfill the instructions of the insurer, should be reimbursed by the insurer, even if the relevant measures were unsuccessful.
Such expenses are reimbursed in proportion to the ratio of the insured amount to the insured value, regardless of the fact that, together with other damages, they may exceed the insured amount.
3. The insurer shall be exempt from indemnification of losses incurred due to the fact that the insured has deliberately failed to take reasonable and accessible measures to reduce potential losses.
Article 963. Consequences of the insured event due to the fault of the insured, beneficiary or insured person.
1. The insurer shall be exempt from the payment of insurance compensation or the sum insured if the insured event occurred due to the intent of the insured, beneficiary or insured person, except for the cases provided for in paragraphs 2 and 3 of this article.
The law may provide for cases when an insurer is exempted from paying insurance indemnity under property insurance contracts in the event of an insured event due to gross negligence of the insured or beneficiary.
2. The insurer shall not be exempt from the payment of insurance compensation under a civil liability insurance contract for causing harm to life or health if the harm is caused through the fault of the person responsible for it.
3. The insurer shall not be exempted from the payment of the insurance amount, which under the personal insurance contract is payable in the event of the death of the insured person, if his death was due to suicide and by that time the insurance contract was valid for at least two years.
Article 964. Grounds for exemption of the insurer from the payment of insurance compensation and the sum insured.
1. Unless otherwise provided by a law or insurance contract, the insurer shall be exempt from the payment of insurance compensation and the sum insured when the insured event occurred due to:
effects of a nuclear explosion, radiation or radioactive contamination;
military actions, as well as maneuvers or other military activities;
civil war, popular unrest of any kind or strikes.
2. Unless otherwise provided by the property insurance contract, the insurer shall be exempt from payment of insurance compensation for losses incurred as a result of seizure, confiscation, requisition, arrest or destruction of the insured property by order of state bodies.
Article 965. Transfer to the insurer of the rights of the policyholder for damages (subrogation).
1. Unless otherwise provided by the property insurance contract, to the insurer who paid the insurance indemnity, the right of claim that the insured (beneficiary) has to the person responsible for the losses compensated as a result of the insurance goes to the limits of the amount paid. However, the condition of the contract, which excludes the transfer to the insurer of the right of claim against the person who intentionally caused the loss, is void.
2. The right of claim transferred to the insurer shall be exercised by it in compliance with the rules governing the relationship between the insured (beneficiary) and the person responsible for losses.
3. The insured (beneficiary) is obliged to transfer to the insurer all documents and evidence and to inform him of all the information necessary for the insurer to transfer the right of claim to him.
4. If the insured (beneficiary) waives his right to claim the person responsible for losses compensated by the insurer, or the exercise of this right became impossible due to the fault of the insurer (beneficiary), the insurer is exempted from paying the insurance indemnity in full or in the relevant part and has the right to demand return overpaid reimbursement.
Article 966. Limitation of actions on claims related to property insurance.
A claim for claims arising from a property insurance contract may be filed within two years.
Article 967. Reinsurance.
1. The risk of payment of insurance compensation or the insurance amount assumed by the insurer under an insurance contract may be insured by it in whole or in part with another insurer (insurers) under a contract of reinsurance concluded with the last.
2. The rules provided for in this Chapter shall apply to the reinsurance contract, applicable to insurance of business risk, unless otherwise provided by the reinsurance contract. At the same time, the insurer under an insurance contract (main contract) who has entered into a reinsurance contract is considered to be the insured in this last contract.
3. In case of reinsurance, the insurer under this contract remains liable to the insured under the main insurance contract for the payment of insurance compensation or the insurance amount.
4. The consecutive conclusion of two or several reinsurance contracts is allowed.
Article 968. Mutual insurance.
1. Citizens and legal entities may insure their property and other property interests specified in clause 2 of Article 929 of this Code on a reciprocal basis by combining the necessary funds for this in mutual insurance societies.
2. Mutual insurance societies carry out property insurance and other property interests of their members and are non-profit organizations.
The peculiarities of the legal status of mutual insurance societies and the conditions of their activity are determined in accordance with this Code by the law on mutual insurance.
3. The societies of mutual insurance of property and property interests of their members shall be insured directly on the basis of membership, unless the company's constituent documents provide for the conclusion of insurance contracts in these cases.
The rules provided for by this chapter shall apply to insurance relations between a mutual insurance company and its members, unless otherwise provided by the law on mutual insurance, the constituent documents of the relevant company or the rules of insurance established by it.
4. The implementation of compulsory insurance through mutual insurance is allowed in cases provided for by the law on mutual insurance.
5. A mutual insurance company may, as an insurer, insure the interests of persons who are not members of a company, if such insurance activity is provided for by its constituent documents, the company is formed as a commercial organization, has a permit (license) to carry out insurance of the relevant type and meets other requirements, established by the law on the organization of the insurance business.
The insurance of the interests of persons who are not members of the mutual insurance society is carried out by the company under insurance contracts in accordance with the rules provided for by this chapter.
Article 969. Mandatory state insurance.
1. In order to ensure the social interests of citizens and the interests of the state, the law may establish compulsory state insurance of life, health and property of civil servants of certain categories.
Compulsory state insurance is carried out at the expense of funds allocated for these purposes from the corresponding budget to ministries and other federal executive bodies (policyholders).
2. Compulsory state insurance is carried out directly on the basis of laws and other legal acts on such insurance indicated by state insurance or other state organizations (insurers) specified in these acts, or on the basis of insurance contracts concluded by insurers and insurers in accordance with these acts.
3. Compulsory state insurance is paid to insurers in the amount specified by laws and other legal acts on such insurance.
4. The rules provided for in this chapter shall apply to compulsory state insurance, unless otherwise provided by laws and other legal acts on such insurance and does not follow from the substance of the relevant insurance relationship.
Article 970. Application of general rules on insurance to special types of insurance.
The rules provided for in this chapter apply to insurance relations for foreign investments against non-commercial risks, marine insurance, medical insurance, bank deposit insurance and pension insurance, insofar as the laws on these types of insurance do not provide otherwise.
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