In the modern world, insured events, related concepts and laws, and also the nuances of civil insurance require special attention. It is important not only to understand what is reflected in the content of a citizen liability insurance contract (CS), but also to distinguish features inherent in different cases and types.
In addition, the composition of the package of required documents and the procedure for concluding a contract are no less important information, therefore it should be freely available for every citizen. What does contract liability insurance mean?
What is GO insurance?
The main distinguishing feature of such agreements formulated on the basis of civil liability insurance is that the subject matter of the agreement is of a property nature.
In such practice, there is an immutable postulate, it is the basic rule - if a person caused damage, whether property or physical, caused harm to the injured party, then he is obliged to fully compensate the losses and losses incurred. For this, liability insurance is made under the contract.
Refunds Articles
- Property expenses of the injured party. This article includes absolutely all property and financial cover claimed by the injured party in order to restore or return in full, or to repair the property that was damaged by the culprit. This is called covering the real damage caused to the victim by the perpetrators. For example, this provides for a compulsory civil liability insurance contract for a car owner.
- Legal expenses incurred by the victim. Includes funds that the person who suffered the loss of rights spent on restoring them. This may include, for example, expenses resulting from the recall of goods or services, various legal expenses.
- Income received by the victim. If property that suffered as a result of the actions of the culprit brought income to its owner, the culprit is obliged to reimburse the amount of benefit that was lost for a specific period and under certain conditions. This procedure is clearly recorded in the fifteenth article of the Civil Code of the Russian Federation.
- Compensation for harm that was done to the health and life of the victim.
It is worth noting that liability insurance under the contract in this case extends not only to actions that are destructive (destructive) in nature, but also to cases of inaction that cause damage to the victim.
Liability classification
Civil liability is divided into two components: contractual and non-contractual.
In the contractual case, the rules, obligations and liability, as well as the punishment for non-compliance, which are prescribed in the text of the relevant contract, are subject to regulation.
A contractual civil defense is limited by insurance rules and the procedure or liability stipulated by law or by personal agreement of the parties to the contract. We will consider the terms of the liability insurance contract below.
That is, two options are possible. First: the framework within which the contract is executed is regulated by legislative forms and legally limited liability limits. The second option: the two parties to the agreement independently agree on the framework of responsibility - who, how and for what will be responsible.
All agreements regulated by the agreement must be clearly stated, all terms, amounts and rights must be fixed.
The non-contractual form of civil defense (it is also called tort) is regulated only by law and other regulatory legal acts.
The most common is contract liability insurance.
It should be noted that liability regimes differ among themselves. For example, there are different types of lawsuits, depending on whether the contract or tort is used:
- According to the condition of origin of the damage.
- By the limitation period.
- By the burden of proving guilt.
- In the absence or presence of compensation for moral damage.
- Other modes. Such a differentiation of civil defense is necessary in the event that an unlawful action arises related to obligations under the contract.
An example is the case when a passenger who has suffered from the actions of a carrier has the right to independently choose the judicial enforcement regime and type of statement of claim.
Why might you need a liability insurance contract?
Features
The Civil Code of the Russian Federation fixes some features that accompany the validity of an insurance contract. This is described in detail in chapter 48, in article No. 932:
- Only one single policyholder can insure against the risk of liability that may arise for violation of the terms of the contract.
- The beneficiary may also be insured. At the same time, it is immaterial whether this is fixed in the contract or not, in whose favor it was concluded (in favor of the insured, beneficiary, other persons, in no one's favor).
- The insured risk of liability arising from breach of contract is prescribed by law.
Types of contracts
Currently, there are a number of the most common insurance contracts that reflect various insurance cases and civil liability, which differs from other types of liability.
The types of liability risk insurance include:
- Developer GO insurance.
- Tour operator.
- Car owners. This is a vehicle owner liability insurance contract .
- Freight or passenger carriers.
- Damage insurance contract.
In the process of considering the features of insurance for various reasons and civil defense, it will not be superfluous to pay special attention to each of the types of contract.
Contractor's insurance contract
In accordance with the amendments adopted in the Federal Law, developers need to fulfill certain obligations regarding the transfer of residential premises to those participants that appear in the concluded agreement.
The provision of a certain type of collateral is such an obligation. You can choose a deposit from several ways:
- Bank guarantee.
- The contractor's insurance agreement on the risk that may arise due to default.
In this case, the insurance contract will need to be concluded even before all the necessary documents have been submitted under the agreement for the implementation of shared construction or another construction contract to Rosreestr.
When concluding such an agreement, the insurance object will be the property interests of the insured (in this case, the developer), which are inextricably linked with the interests of the beneficiaries, that is, participants in shared construction.
An insured event is the failure of the developer to fulfill obligations regarding the delivery of housing to the participants of the shared construction agreement. Moreover, all insurance amounts and losses should be calculated in accordance with the shared construction agreement.
Tour operator compulsory civil liability insurance agreement
If we talk about contractual relationships relating to the tourist contract, and the default by the tour operator (which is the Policyholder in this case), then the clients of the company (who are beneficiaries) are entitled to submit written requirements to cover all expenses incurred, including the cost of the ticket itself .
In this case, the regulatory legislative act is Federal Law No. 132, which fixes the basics of tourism activities, as well as the rules on insurance of civil defense.
In the case of tour operator GO insurance, insurance risks may include:
- Losses that arose as a result of a complete default or improper performance by the Policyholder of their obligations.
- The presence in the tourist product of unspecified situations.
- Violation of measures to ensure the safety of the tour operator’s client during the trip organization or directly during the trip.
Under this agreement, the insurance indemnity includes the amounts fixed by the tour operator's liability insurance contract, as well as compensation for damage actually caused to the beneficiary.
Motor Vehicle Ownership Insurance
In accordance with the legislation that is currently valid in the territory of the Russian Federation, each vehicle owner or owner of a taxi fleet is required to conclude compulsory insurance with an insurance contract, it is also mandatory motor liability insurance.
This type is today the most common in the market for such services. The main insured events under the CTP insurance contract include:
- Damage caused to a passenger or another vehicle resulting from an accident.
- Damage to property, excluding damage to the health of the victim.
- No more than two vehicles are involved in an accident. This all provides for a compulsory liability insurance contract for vehicle owners.
Both vehicles affected by road accidents must have OSAGO policies.
Carrier GO insurance agreement
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 that provide services for any type of transportation are required to insure their civil liability if they carry passengers.
With the exception of the subway and passenger taxis, the law obliges carriers to insure their passengers with the following types of vehicles:
- Railway. Moreover, insurance is carried out during transportation to absolutely any range. It is also regulated by the Charter of railway transport.
- Air. Insurance is required for transportation over distances of any range, including helicopters. This activity is regulated by the Air Code. What else is a motor vehicle liability insurance contract for?
- Nautical. Activities are regulated by the Code of Maritime Navigation. When it comes to the carriage of goods.
- Inland water. Control is based on the Code of Inland Water Transport.
- Ground. This category includes trams, buses, trolleybuses, metro, monorail transport. Regulation is carried out on the basis of the Charter of road transport and urban ground electric transport.
Harmful liability insurance contract
In the Civil Code of the Russian Federation and in the law on insurance, provisions on liability are fixed, which may go into the contractual and tort form of regulation of compensation for insurance claims. Namely:
- It is allowed to insure the risk of civil liability of the insured himself in accordance with the contract in which he bears certain obligations in case damage or damage is caused to other persons.
- The contract must be spelled out who is responsible. Otherwise, all responsibility lies with the policyholder.
- A civil liability insurance contract for damage or harm is always considered concluded in favor of the person of the victim. Regardless of the availability of insurance at the insured.
What else could be a compulsory liability insurance contract?
Third party liability insurance
If we consider this type on the example of an agreement relating to construction and installation works, it becomes clear what constitutes GO insurance against third parties.
In this case, the contract may be concluded by the building company, which will be 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 both property interest and damage, harm that may 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 to the health or life of third parties.
- Damage to property of third parties.
- Prisoners in one case harm property, health and life of third parties.
Necessary documents and registration procedure
Insurance of any type of insurance is always carried out in accordance with a certain procedure.
This procedure is regulated by a set 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 this, a meeting of the two parties takes place for negotiations, at which all obligations and conditions are discussed without exception. In this case, the representative of the insurance company is obliged to inform the citizen about all the conditions, possible risks, privileges characteristic of each of the offered products.
- In accordance with the principle of the highest conscientiousness, which is characteristic of the insurance industry, a person or organization providing such services should inform its clients about the terms of the contract honestly and in full.
- After discussing the conditions, the agreement reflects the will of the policyholder.
- The contract must contain such information as the surname, name, patronymic and contacts of the insured.
- Be sure to specify and indicate the amount of risk insurance for property damage.
- You must also indicate the period of insurance, premiums, type, as well as the manner in which contributions will be made.
- A separate paragraph should indicate cases that are not insurance, and upon which compensation will not be awarded.
Thus, civil liability insurance constitutes a certain coercive measure at the state level, as provided for by law, the Civil Code of the Russian Federation, or by a liability risk insurance agreement corresponding to a particular type, that is applied when a violation of rights occurs and there is a need to restore them when damage or harm has been caused and it needs to be reimbursed.
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 who caused him harm.