Hereinafter referred to as the Insurer, represented by _______________, acting on the basis of _____________, on the one hand, and ______________, hereinafter referred to as the Insured, represented by ______________, acting on the basis of ______________, on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this contract of insurance of civil liability for damage caused by defects in work that affect the safety of capital construction projects, the property interests of the Insured are insured related to his obligation, in the manner established by the Civil Legislation of the Russian Federation, to compensate for harm (damage) caused through his fault or the fault of its employees (Article 1068 of the Civil Code of the Russian Federation) life, health and property interests of Third parties, the environment, the life or health of animals or plants, objects of cultural heritage of the peoples of the Russian Federation when performing the following groups of types of work that affect the safety of capital construction projects exclusively on the basis of the Certificate of admission to work that affects the safety of capital construction projects No. __________________ dated "___" ____________ 20__ (hereinafter referred to as the Certificate) issued by ___________________________________________________________________________ (hereinafter referred to as the work for which liability is insured). Exclusions for groups of types of work are not allowed.

Insurance territory - Territory of the Russian Federation

1.2. This agreement was concluded on the basis of an Application for Insurance from the Insured dated ______________ (Appendix No. 2 to this agreement).

1.3 This Insurance Agreement has been concluded and is valid under the terms of the “Rules for insurance of civil liability for damage caused by defects in work that affect the safety of capital construction projects” _____________ (hereinafter referred to as the “Insurance Rules”), (Appendix No. 1 to this Agreement), and also in accordance with the “Requirements for insurance by members of the Non-Commercial Partnership ____________________________________________ civil liability”, approved by the Decision of the General Meeting of Members of the Non-Commercial Partnership _________________________________________________ dated “___” ____________ 20___. (Appendix No. 3).

2. OBJECT OF INSURANCE

2.1. The object of insurance is the property interests of the Insured, which do not contradict the legislation of the Russian Federation, related to the obligation to compensate for damage caused by the Insured to the life, health and property interests of Third Parties, the environment, the life or health of animals or plants, as well as damage to cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation due to shortcomings committed by the Insured when performing work that affects the safety of capital construction projects.

2.2. Third parties under this insurance agreement are persons (any individuals and legal entities, state bodies, local governments or legal entities authorized by them who do not participate on the basis of a civil law or labor contract in the performance of work related to construction, reconstruction, major repairs buildings and structures for which the Insured's liability is insured), which may be damaged by the actions (inaction) of the Insured.

3.INSURANCE EVENTS AND INSURED CASES

3.1. Under this contract, an insured event is the occurrence of the Insured's obligation to compensate, in accordance with the requirements of the Civil Legislation of the Russian Federation, damage to the life, health and property interests of third parties, the environment, the life or health of animals or plants, as well as damage to cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation caused as a result of deficiencies in the insured activities carried out by the Insured while simultaneously fulfilling the following conditions:

• the damage occurred during the term of this agreement;
• deficiencies in the insured activities carried out by the Insured that led to harm were committed by the Insured during the period of the Insured's membership in the SRO NP _____________________, but not earlier than the date the Insured received a Certificate of admission to the relevant types of work that affect the safety of capital construction projects, issued by NP __________________ ( retroactive period);

The Insured's obligation to compensate for damage caused as a result of a lack of work committed during the retroactive period will be considered as an insured event, provided that the Insured at the time of concluding this insurance contract did not know anything about the defect, or he notified the Insurer about it in writing .

• - the damage occurred within the insurance territory specified in this Agreement;
• - the damage occurred as a result of shortcomings committed by the Insured when performing types of work that affect the safety of capital construction projects, the liability for which is insured;
• - deficiencies that led to harm were committed by the Insured during the period of validity of the Certificate of Admission to the relevant types of work . Events that occurred as a result of shortcomings committed by the Insured during the period of suspension or termination of the Certificate , are not recognized as insured events;
• - the Insured’s obligation to compensate for the damage caused is confirmed by a court decision that has entered into legal force or recognized by the Insured in agreement with the Insurer.

3.2. To establish the fact of the occurrence of an insured event, defects in work should be understood as follows:

3.2.1. non-compliance (violation) by officials and employees of the Insured when performing work with job descriptions, rules and other mandatory regulations that define the procedure and conditions for carrying out the relevant types of work, as a result of which the safety of the capital construction object (objects) is violated;

3.2.2. non-compliance (violation) by officials and employees of the Insured when performing work with the standards of the Partnership, of which the Insured is a member, as a result of which the safety of the capital construction object (objects) is compromised.

3.2.3. performance of work without the appropriate permits, which, in accordance with the legislation of the Russian Federation, the Insured is obliged to obtain before performing the work, as a result of which the safety of the capital construction object (objects) is compromised.

3.3. Harm to the life and health of Third Parties means bodily injury, disability or death of the victim, as well as harm caused to Third Parties who suffered damage as a result of the death of the breadwinner.

Damage to the property of Third Parties and objects of cultural heritage means real damage (damage, destruction, destruction, damage to property). This Risk does not cover damage from events classified as a traffic accident falling under Federal Law No. 40-FZ of April 25, 2002. “On compulsory civil liability insurance for vehicle owners.”

Harm to the environment, life or health of animals and plants is understood as a negative change in the environment as a result of its pollution, resulting in the degradation of natural ecological systems and depletion of natural resources and other violation of environmental quality standards established by the relevant authorized government bodies in whose jurisdiction there is management of environmental protection (Article 1 of Federal Law No. 7-FZ “On Environmental Protection”).

3.4. An insured event can only be recognized as an event that occurred in the process or as a result of the Insured performing types of work, the liability for which is insured. An insured event is not recognized as an event that occurred in the process or as a result of the Insured performing a type of work that is not expressly indicated in the Certificate valid at the time of the occurrence of the insured event.

3.5. The Insured, without the consent of the Insurer, has no right to voluntarily acknowledge its obligation to compensate for damage caused to Third Parties and/or the environment, life or health of animals or plants, as well as damage to cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation. Such recognition does not entail the Insurer's obligation to pay insurance compensation.

3.6. Under this Agreement, only actual damage caused by the Insured to Third Parties and/or the environment, life or health of animals or plants, as well as damage to cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation is subject to compensation by the Insurer. In case of harm to the life and health of Third parties, as well as harm caused to Third parties who suffered damage as a result of the death of the breadwinner, the amount of damage caused is determined based on the provisions of the current legislation of the Russian Federation.

3.7. The following are not insured events:

3.7.1. military operations, maneuvers or other military events;

3.7.2. events related to exposure to a nuclear explosion, radiation or radioactive contamination;

3.7.3. civil war, civil unrest of all kinds or strikes;

3.7.4. terrorist activities;

3.7.5. natural disasters (earthquake, volcanic eruption, tsunami, underground fire, landslide, mountain collapse, storm, whirlwind, hurricane, flood, hail, rain, etc.);

3.7.6. seizure, confiscation, requisition, arrest, damage or destruction of a capital construction project or other property of individuals and legal entities by order of state bodies or other authorities;

3.7.7. intentional actions of the Policyholder, third parties;

3.7.8. any kind of indirect losses to individuals and legal entities, including: lost income, damage to business reputation, moral damage (for individuals);

3.7.9. losses associated with the operation of vehicles intended for movement on public roads, with the operation of aircraft and watercraft;

3.7.10. the occurrence of the employer's liability for harm caused by the intentional actions of the employee;

3.7.11. expenses related directly to the restoration of a damaged (dead) capital construction project.

3.7.12. Damage caused to a capital construction project (or its part on which the Insured carried out work on the basis of the relevant construction contract) expressed in its destruction (loss) or damage due to deficiencies in the work committed by the Insured that affect the safety of the capital construction project.

3.7.13. Damage caused in connection with deficiencies made by the Insured when performing work that affects the safety of capital construction projects, if at the time of concluding this Agreement the Insured (responsible employees of the Insured) was aware of the presence of such deficiencies, and the Insurer was not notified of these shortcomings when concluding a contract.

4. SUM INSURED

4.1. Under this agreement, the insurance amount is established in the amount of _______________ (______________________) rubles 00 kopecks.

4.2. If an insurance indemnity is paid in an amount less than the insured amount, this Agreement continues to be valid, but the insured amount from the date of payment is considered reduced by the amount of the indemnity paid. The policyholder is obliged to restore the insured amount by paying an additional insurance premium within three working days from the date of reduction of the insured amount.

5. INSURANCE PREMIUM AND PROCEDURE FOR ITS PAYMENT

5.1. The insurance premium under this agreement is ___________ (____________) rubles 00 kopecks.

5.2. Payment of the insurance premium is made in a lump sum within three working days from the date of signing this agreement.

5.3. If the Policyholder fails to pay the insurance premium within the period established by this Agreement or the Policyholder pays an insurance premium in an amount less than that established by this Agreement, this Agreement shall not be considered to have entered into force.

6. VALIDITY OF THE INSURANCE AGREEMENT

6.1. The insurance contract comes into force on dd.mm.yyyy, but not earlier than zero o'clock on the day following the day the Policyholder pays the insurance premium. The payment day is the day the insurance premium amount is written off from the bank account of the Policyholder (or his authorized person) in favor of the Insurer.

6.2. Expiration of the insurance contract 23 hours 59 minutes dd.mm.yyyy g.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The policyholder has the right:

7.1.1. For early termination of the insurance contract only in the case of the relevant current legislation of the Russian Federation.

7.1.2. Appeal the Insurer's refusal to make an insurance payment in court.

7.1.3. Require the Insurer to fulfill its obligations in accordance with the terms of this agreement and the current legislation of the Russian Federation.

7.2. The policyholder is obliged:

7.2.1. When concluding an Insurance Agreement, inform the Insurer about all circumstances known to him that are important for assessing the insurance risk, as well as about all insurance contracts concluded or being concluded in relation to this insurance object.

7.2.2. Take necessary measures to prevent damage to Third Parties.

7.2.3. Carry out work in accordance with established rules and safety requirements, including for the safety of Third Parties.

7.2.4. If the degree of risk or insurance conditions change within three days, notify the Insurer in writing. Further interaction between the parties is regulated by Art. 11 of this agreement.

7.2.5. Pay the insurance premium in a timely manner in accordance with the terms of the insurance contract;

7.2.6. When including additional groups of types of work, present to the Insurer the corresponding Certificate issued by __________________________, which indicates the relevant changes. Exclusions of groups of types of work from the contract during its validity period are not allowed.

7.3. The insurer has the right:

7.3.1. Check the Insured's compliance with the requirements of the Insurance Rules and this agreement.

7.3.2. Require the Insured to fulfill its obligations in accordance with the terms of this agreement and the current legislation of the Russian Federation.

7.3.3. Postpone the payment of insurance compensation in the cases provided for in clause 9.7. actual agreement.

7.4. The insurer is obliged:

7.4.1. Not to disclose information obtained by him as a result of his professional activities about the Insured and his property status.

7.4.2. Make insurance payments in a timely manner, in accordance with the terms of this agreement.

8. PROCEDURE FOR INTERACTION OF THE PARTIES IN THE EVENT OF DAMAGE TO THIRD PARTIES

Upon the occurrence of an event that may serve as a basis for filing a property claim or claim from Third Parties:

8.1. The policyholder is obliged:

8.1.1. Immediately, but in any case no later than 3 (three) working days from the moment when the Policyholder became aware of the harm caused to Third Parties, notify the Insurer or its authorized representative of the event, as well as a self-regulatory organization by means of communication that allow for the possibility of documentary recording of the fact of the message ;

8.1.2. Take all possible measures to reduce harm to the life/health and/or property of third parties, the environment, the life or health of animals and plants, as well as damage to the cultural heritage of the peoples of the Russian Federation and eliminate the causes that contribute to additional damage.

8.1.3. Take all possible measures to ensure the necessary documentation of the event.

8.1.4. If possible, ensure pre-trial proceedings to establish guilt.

8.1.5. Submit a written application to the Insurer indicating all the circumstances of the occurrence of the insured event, as well as the documents necessary to establish the circumstances of the insured event and the amount of losses from it, including (depending on the nature of the event and the type of damage caused):

• a written claim from Third Parties to the Insured demanding compensation for damage caused;
• internal act of investigation of the Insured regarding the circumstances and causes of harm;
• documents of law enforcement and special bodies of supervision and control in the field of urban planning activities, executive bodies of self-regulatory organizations regarding deficiencies in the performance of work that could cause an event that led to harm to Third Parties;
• a court decision that has entered into legal force;
• in the event of pre-trial proceedings, the Insured's statement on agreeing to a voluntary admission of guilt;
• conclusions and calculations of independent expert bodies regarding possible deficiencies in the work that could cause an event that led to harm to Third Parties;
• economic and accounting materials and calculations, estimates, invoices and receipts, on the basis of which the amount of damage caused to Third Parties is determined.

8.1.6. Provide assistance to the Insurer in judicial and extrajudicial protection of the interests of the Insured after the Insured receives a claim for damages from Third Parties.

8.1.7. Inform the Insurer about all written claims of Third Parties, about any actions of the competent authorities upon the occurrence of harm (starting an investigation, summons to court, etc.).

8.1.8. 3 days before the inspection of the damaged property of Third Parties, inform the Insurer in writing (application, telegram) about the place and time of its conduct.

8.1.9. If the Insurer deems it necessary to appoint its lawyer or authorized person to protect the interests of both the Insurer and the Insured related to the insured event, issue the appropriate power of attorney and other necessary documents to the persons specified by the Insurer.

8.1.10. Without the written consent of the Insurer or a decision of a judicial authority, do not pay compensation, do not make promises or make offers of voluntary compensation for harm, do not admit full or partial liability.

8.1.11. Ensure that the Insurer receives the information it requests, allowing it to establish the causes and circumstances of the insured event and the amount of losses from it, including if they constitute a trade secret of the Insured.

8.2. The insurer has the right:

8.2.1. Participate in the inspection of damaged property of Third Parties.

8.2.2. Independently find out the causes and circumstances of the insured event.

8.2.3. Request from the Insured, state technical regulatory bodies in the field of urban development, law enforcement agencies, executive bodies of a self-regulatory organization (organizations), banks, medical institutions and other organizations the relevant documents and information necessary to establish the fact, the reasons for the occurrence of the insured event and/or determination the amount of insurance payment, including information constituting a commercial secret.

8.2.4. Undertake the protection of the Insured's rights and conduct all matters related to the settlement of losses, acting on behalf of the Insured, including in court.

8.3. The insurer is obliged:

8.3.1. Within 5 (five) working days from the date of receipt of notification of damage by the Insured, inform (name of the self-regulatory organization) _____________ about the fact of the insured event.

8.3.2. Within 10 (ten) working days from the date of receipt of the Insured’s application for approval of a voluntary admission of guilt, make a reasoned decision and notify the Insured.

8.3.3. Within 10 (ten) working days from the date of receipt of notification of damage to Third Parties, send the Insured a written request with a list of necessary documents. Sending a list of documents does not deprive the Insurer of the right, if necessary, to request from the Insured additional documents and information about the circumstances, causes and amount of damage caused.

8.3.4. Approve the insurance act upon the fact of causing harm to Third parties within 5 (five) working days after the entry into force of a court decision finding the Insured guilty of causing harm or an agreed statement from the Insured on a voluntary admission of guilt and receipt from the Insured of a written statement of compensation for damage and all documents necessary to establish the fact of the occurrence of an insured event, the causes of occurrence and the amount of damage caused. In the insurance act, the Insurer indicates the decision to pay (refusal to pay) the insurance compensation, as well as the amount of the insurance compensation to be paid in the event of a decision to pay. The Insurer is obliged to send a copy of the insurance act to the Insured and to the self-regulatory organization of which the Insured is a member.

8.3.5. Make an insurance payment within 5 (Five) working days from the date of approval of the insurance act, for an event recognized as insurance.

8.3.6. If you refuse to pay the insurance compensation, within 5 (five) working days from the date of approval of the insurance act, notify the Insured in writing with a reasoned justification of the reasons for the refusal.

9. DETERMINATION OF THE SIZE AND PROCEDURE OF PAYMENT

INSURANCE COMPENSATION

9.1. The causes and amount of damage caused are established by the Insurer on the basis of inspection data, examinations, claims of Third Parties and other documents, the need for submission of which is determined by the nature of the incident, the terms of this Agreement and the requirements of the legislation of the Russian Federation.

9.2. If a dispute arises about the causes and amount of damage, each party has the right to demand an examination. The examination is carried out at the expense of the party that requested it. If the fact of causing harm is recognized as an insured event, the costs of the examination will be reimbursed by the Insurer.

9.3. The amount of insurance compensation payable is determined based on the amount of damage caused to the Third Party and/or the environment and additional expenses incurred by the Insured in order to reduce damage (in accordance with Article 962 of the Civil Code of the Russian Federation), taking into account the amount of the insured amount established under this agreement .

9.4. Expenses incurred by the Insured in order to reduce damage from an insured event are reimbursed, if such expenses were necessary or incurred to carry out the instructions of the Insurer, directly to the Insured.

9.5. Insurance compensation can be paid only after the causes and amount of damage from the events provided for in this Agreement have been established, and an insurance act has been drawn up and approved.

9.6. Insurance compensation is paid within 5 (five) working days from the date of approval of the insurance act. An insurance act upon causing damage to Third Parties is drawn up within 10 (ten) working days after the entry into force of a court decision finding the Insured guilty of causing harm or an agreed statement from the Insured on a voluntary admission of guilt and receipt from the Insured of a written statement for compensation for the damage caused and all documents necessary to establish the fact, causes and extent of the damage caused. In the insurance act, the Insurer indicates the decision to pay (refusal to pay) the insurance compensation, as well as the amount of the insurance compensation to be paid in the event of a decision to pay. The Insurer is obliged to send a copy of the insurance act to the Insured and to the self-regulatory organization of which the Insured is a member.

9.7. The insurer has the right to defer payment of insurance compensation if:

• he has reasoned doubts about the authenticity of documents confirming the occurrence of an insured event and the amount of damage - until the authenticity of such documents is confirmed;
• the competent authorities have initiated a criminal case regarding the fact of causing harm and are conducting an investigation into the circumstances that led to the causing of harm - until a procedural act is issued that ends the criminal proceedings.

9.8. The insurer has the right not to recognize the declared event as an insured event and refuse to pay insurance compensation if:

• The cause of damage to Third Parties was the activities of the Insured's employees who were under the influence of alcohol, drugs or toxic substances;
• The Policyholder, without the consent of the Insurer, settled the claims of Third Parties;
• The policyholder, before the court decision entered into legal force, settled the claims of Third Parties.

10. CHANGE AND TERMINATION OF THE INSURANCE AGREEMENT

10.1. Changes or additions to the terms of this agreement are possible by agreement of the parties, concluded in writing.

10.2. In the event of a change (addition) to the terms of this agreement, the new terms and conditions begin to apply from the moment the additional agreement is concluded, unless otherwise expressly provided for by the additional agreement or does not follow from the nature of the change to this agreement.

10.3. This insurance contract is terminated early in the following cases:

10.3.1. Liquidation of the Policyholder or Insurer in a voluntary or compulsory manner established by the legislative acts of the Russian Federation.

10.3.2. The court makes a decision to recognize this agreement as invalid.

10.3.3. Termination of the Policyholder's Certificate of admission to all types of work affecting the safety of capital construction projects specified in this agreement.

10.3.4. Termination of the Insured's membership in a self-regulatory organization.

10.3.5. In connection with the refusal of the Policyholder or Insurer to fulfill the insurance contract. In this case, the Party refusing to fulfill this agreement is obliged to notify the other Party in writing at least 10 days before the expected date of termination of this agreement. The Insurer has the right to refuse to fulfill this agreement in case of delay in payment of the insurance premium by the Insured, by sending the Insured a corresponding notice.

10.3.6. In other cases provided for by legislative acts of the Russian Federation.

10.4. In the event of early termination of this agreement at the initiative of the Insurer, the Insurer shall return to the Policyholder the insurance premium for the unexpired term of the agreement.

10.5. In the event of early termination of the insurance contract at the initiative of the Policyholder in the absence of insured events that occurred before the termination of this contract, the Insurer returns to the Policyholder the insurance premium for the unexpired term of the contract, minus the Insurer's expenses in the amount provided for by the approved tariff rate structure. If there are insured events, the insurance premium will not be refunded.

10.6. With regard to the obligations of the parties that arose before the termination of this agreement (including obligations arising from an insured event that arose before the termination of this agreement), the terms of this agreement continue to apply until such obligations are fully fulfilled.

11. CONSEQUENCES OF INCREASED PROBABILITY

OCCASION OF AN INSURED EVENT

11.1. During the period of validity of this agreement, the Policyholder is obliged to immediately notify the Insurer of significant changes that become known to him in the circumstances communicated to the Insurer when concluding the insurance contract, if these changes can significantly affect the increase in the likelihood of an insured event.

In any case, any changes in the circumstances specified in the insurance contract (insurance policy), written Application for Insurance, or Certificate of Admission are considered significant.

11.2. The insurer, notified of circumstances leading to an increase in the likelihood of an insured event, has the right to demand changes in the terms of the insurance contract or payment of an additional insurance premium in proportion to the increase in the likelihood of an insured event.

11.3. If the Policyholder objects to changing the terms of this agreement or additional payment of the insurance premium, or the Policyholder has not fulfilled the obligation provided for in clause 11.1, the Insurer has the right to demand termination of the insurance contract and compensation for losses caused by termination. The period of validity of insurance protection (insurance) ends from the moment the probability of an insured event increases.

11.4. The insurer has no right to demand termination of this contract if the circumstances leading to an increase in the likelihood of the occurrence of an insured event have already ceased.

12. FINAL PROVISIONS

12.1. The laws of the Russian Federation apply to relations between the Policyholder and the Insurer (hereinafter referred to as the Parties) not regulated by this agreement.

12.2. Under this agreement, the Parties undertake to immediately notify each other in writing of the occurrence of force majeure circumstances of any order that they become aware of.

12.3. Any dispute, controversy, demand or claim arising from or arising in connection with this Agreement, or its violation, termination or invalidity, shall be subject to consideration by the Arbitration Court at the Non-Commercial Partnership __________________________________________ (Arbitration Court at the NP ____________________") on the terms and in the manner, provided for by the Regulations on the Arbitration Court at NP "____________________". The decision of the Arbitration Court at NP "____________________" is final and binding on the parties and will be executed by them within the time limit and in the manner specified in the decision of the Arbitration Court at NP "_____________________". The parties are familiar with and accept for guidance the Regulations and Rules of the permanent Arbitration Court at NP "____________________".

The parties agree that the dispute will be resolved by a panel of arbitrators elected (appointed) in accordance with the provisions of the Rules of the Arbitration Court under the NP “_____________”.

12.4. This agreement has been drawn up in two copies, one for each of the Parties. Both copies are identical to each other and have equal legal force.

13. OTHER TERMS

13.1. All annexes specified in the text of this Agreement are an integral part of it.

13.2. Changes and additions to this Agreement will be valid only if they are made in writing and signed by authorized representatives of the Parties.

13.3 The Parties are responsible for the correctness of the provided details and undertake to notify each other of their changes.

13.4. Issues not regulated by this agreement are resolved in accordance with the current legislation of the Russian Federation.

13.5. In case of disagreement in the interpretation of the terms of this Agreement and the Insurance Rules, this Agreement takes precedence.

14. ADDRESSES AND BANK DETAILS OF THE PARTIES

Insurer:		Policyholder:
Bank details:		Bank details:
FROM THE INSURER Job title		From the Policyholder Job title
signature		I.O.Last name signature

Main features of civil liability insurance contracts.
The object of civil liability insurance is the property interests of policyholders or other insured persons associated with the need to compensate for the damage caused by them to other persons when carrying out the activities listed in the insurance contract. In this case, an insurance contract for liability for causing harm may provide that the insurer bears obligations for the consequences of the actions of both the insured himself and other persons listed in the contract (insured persons). At the same time, in liability insurance contracts for breach of contract, only the risk of the policyholder himself can be insured.
The list of specific events included in the scope of the insurer's obligations (insurance risks) depends on the terms of the specific contract. It may include:
1) types of activities during which the policyholder (insured person) may cause harm to other persons (for example, owning a vehicle, providing audit services, hunting, etc.);
2) a list of adverse consequences for other persons for which the insurer is responsible (environmental pollution, loss of cargo taken for transportation, harm to the health of passengers, etc.);
3) characteristics of events that could lead to harm to other persons (collision with another ship, industrial accident, errors or omissions of the insured or its employees, etc.).
In some cases, insurers limit themselves to the general formulation of the insurance risk (the emergence of an obligation of the policyholder to compensate for damage caused to other persons), without providing an exhaustive list of cases for the consequences of which they are liable under the contract. At the same time, however, events are specified in detail for the consequences of which they will not be liable. This method is used because it is often difficult to compile an exhaustive list of cases, the occurrence of which may cause harm subject to compensation by the insurer to other persons.
One of the features of civil liability insurance is that there may be a significant gap in time between the moments when the event occurred that became the source of harm to a third party, when the harm itself occurred and, finally, when a claim was made and satisfied against the policyholder (the insured person). ) for damages. Therefore, special clauses regarding the validity of the insurer's liability over time are included in the insurance conditions. The effect of these clauses is closely related to how the concept of “insured event” is formulated.
One possibility is that it refers to an event that results in harm to third parties. In accordance with another interpretation, an insured event may be considered to have occurred at the moment when a third party suffered damage subject to compensation. Finally, an insured event can be considered the fact that a claim for damages is presented to the policyholder (the insured person).
In order to understand the difference between the above definitions, consider the following example. A civil liability insurance contract has been concluded for doctors. The insured physician saw the patient on February 10 and gave him appropriate recommendations, which led to the patient dying on March 10, and on April 10, the heirs of the deceased filed a claim for damages. Then the insured event will be considered to have occurred according to the first interpretation of this concept on February 10, according to the second - on March 10 and according to the third - on April 10.
In connection with the above, in the terms of a civil liability insurance contract, one of the following principles may be applied: stated claim, causality or event, occurrence.
When using the stated claim principle, the insurer is liable only for those losses for which claims for compensation were received by it during the validity of the insurance contract, regardless of the date of the event that caused harm to a third party. Since in this case the insurer is also responsible for those losses that are associated with events that took place before the conclusion of the insurance contract, this version of the conditions is also called “retrospective coverage”. This principle provides the insurer with assurance that coverage is covered.” This principle gives the insurer a guarantee that after the expiration of the insurance contract, no new claims for damages will be presented to it.
Moreover, the terms of such contracts usually provide that the insurer is liable for losses caused to third parties only if the insured, at the conclusion of the contract, did not know anything and should not have known about the possibility of claims being brought against him for compensation. In addition, it is possible to limit the period of liability of the insurer by introducing the concept of a “retroactive date”. If a “retroactive date” clause is introduced, the insurer is liable only for those claims for compensation received by it during the period of validity of the insurance contract, the cause of which was events that occurred after the agreed retroactive date.
On the other hand, the insurance conditions may be supplemented with a clause “on an extended period for filing a claim.” This condition provides that the policyholder, during a specified period after the expiration of the contract (called the “tail”), can declare what happened in the period from the retroactive date to the expiration of the contract in the event of damage to third parties. Typically, the standard period for such a “tail” in international practice is 60 days.
Finally, the terms of insurance may establish a period during which claims of victims, if they are reported to the policyholder (insured person) in connection with events that were promptly reported to the insurer, are subject to payment by the latter. In international practice, the standard period for such a period is 5 years after the expiration of the insurance contract.
Example. Civil liability insurance contract for enterprises operating hazardous production facilities from January 1 to December 31, 2007. The retroactive date under the contract is December 31, 2005. The “tail” period is 2 months after the expiration of the contract. The period for satisfying claims of victims is 5 years after the end of the contract.
In this case, the insurer is liable for damage caused by the policyholder to third parties subject to the following conditions:
a) an accident at the enterprise that led to harm occurred in the period after the retroactive date until the expiration of the contract, i.e. from January 1, 2006 to December 31, 2007;
b) if the accident occurred in 2006, then the insured at the time of concluding the insurance contract did not know anything and should not have known about the possibility of claims being brought against him in connection with it;
c) the insurer was informed of the possibility of filing claims against it for damages during the period from the beginning of the contract until the end of the “tail” period, i.e. from January 1, 2007 to February 28, 2008;
d) the victims submitted specific demands to the insurer for insurance payment no later than 5 years after the expiration of the contract, i.e. until December 31, 2012
When using the principle of causation, the insurer's liability includes those losses that the policyholder (the insured person) caused to third parties by events that occurred during the term of the insurance contract, regardless of the date of presentation of claims regarding these cases. For example, if a traffic accident occurred during the validity period of the insurance contract, the victim has the right to an insurance payment regardless of when he turns to the insurer for it (taking into account the statute of limitations).
Finally, the principle of occurrence provides that the insurer is obliged to compensate for the losses that occurred to the victim during the period of validity of the insurance contract. For example, if an insurer insures a physician's liability for the period from January 1 to December 31, 2007, it is obligated to pay claims from the insured's patients who became disabled due to the physician's fault in 2007, regardless of when the treatment was performed and when claims for payment were made.
The terms and conditions of civil liability insurance contracts establish maximum limits on the amounts of insurance benefits paid by insurers. These are called insurer liability limits. There are several types of liability limits.
One of them provides for the maximum possible amount of insurance payment for each insured event (or for each incident or incident). Sometimes, in addition to it or instead of it, a limit of liability is established for each claim put forward by the victims. In addition, the insurance contract may provide for the establishment of separate limits of liability for causing damage to one person and for causing damage to several persons for the consequences of one insured event.
For example, as a result of a road accident, damage was caused to several persons: the first in the amount of 100 thousand rubles, the second - 150 thousand rubles, the third - 25 thousand rubles. The insurer's obligations will vary depending on what limits of liability and to what extent are provided for in the terms of the contract.
If there is only a limit of insurance liability for each insured event in the amount of 250 thousand rubles, then the insurer will pay only 250 thousand rubles. In this case, the first victim will receive 50 thousand rubles, the second - 75 thousand rubles. and the third - 12.5 thousand rubles, i.e. the amounts will be distributed in proportion to the losses incurred by each affected person.
If the insurance contract additionally provides that if harm is caused to two or more persons, the insurer’s liability limit increases to 400 thousand rubles, then this is the amount that will be distributed among the victims.
Finally, if the limit of liability for the claims of each victim is established, for example, in the amount of 200 thousand rubles, then the first two victims will be fully compensated by the insurer for the damage caused (i.e. they will receive 100 thousand and 150 thousand rubles, respectively), and the third will be paid 200 thousand rubles.
In addition to the above limits, insurers usually set a liability limit for the entire term of the insurance contract, which can also be considered as the insured amount. The need for it is due to the fact that several insured events may occur during the validity period of the contract, and therefore it is important for insurers to limit the total amount of their obligations under the contract.
For example, the terms of the contract provide for a liability limit for one insured event - 200 thousand rubles. and the liability limit for the entire term of the contract is 400 thousand rubles. During the period of validity of the contract, three insured events occurred: the damage for the first amounted to 300 thousand rubles, and the amount of the insurance payment was 200 thousand rubles, the loss for the second was 150 thousand rubles, which were paid in full by the insurer, and the loss for the third — 100 thousand rubles, of which the insurer paid only 50 thousand rubles, i.e. your balance of the liability limit under the contract after paying the consequences of the first two insured events. After this, the contract is terminated.
The size of the insurance premium for each type of civil liability insurance is determined differently depending on their specifics. To calculate it, insurance rates are most often used, set as a percentage or in monetary units from an indicator called the risk parameter.
This indicator is selected by insurers depending on the specific type of insurance and the type of activity of the policyholder; it must be closely related to the size and dynamics of the risk accepted for insurance. Therefore, to assess it, the main factors that most influence the degree of risk under the contract are determined. As a risk parameter, indicators such as the amount of income of the policyholder, the volume of production or sales of products, the wage fund, the number of employees, the number of vehicles covered by the contract, etc. can be used.
The insurance contract may provide that upon its conclusion, the insurance premium is calculated either on the basis of an assessment of the value of the corresponding risk parameter for the upcoming insurance period (for example, a year), or based on its size in the previous period. In this case, during the validity of the insurance or upon termination, the policyholder is obliged to provide the insurer with actual information about the value of the risk parameter during the period of validity of the contract. Based on the presented data, the amount of the insurance premium for the expired insurance period is recalculated, and the difference between the amounts of the insurance premium calculated on the basis of estimated and actual data is counted against the insurance premium for the next insurance period, returned to the policyholder or subject to additional payment by the policyholder.
The volume of obligations of the insurer, and therefore the policyholder, also depends on the size of the insurer's liability limits established by the contract. Therefore, in order to take this factor into account when determining the amount of the insurance premium, insurers stipulate basic liability limits in the insurance conditions and assign them a coefficient of 1. For other values ​​of liability limits, higher (if the liability limit is higher than the basic) or lower (if the limit is responsibility below basic) coefficients. As a result, when concluding an agreement in which the liability limits differ from the basic ones, to calculate the amount of the insurance premium, the amount of the premium determined for the basic limits is multiplied by the corresponding coefficient.
An example of calculating the amount of insurance premium
A civil liability insurance contract for a medical institution is concluded. Insurance rates are 1% of the policyholder’s income and 500 rubles. for every working doctor. The policyholder's income for the year is 2 million rubles, insurance premium: 1% of 2 million rubles. = 20 thousand rubles. Number of practicing doctors - 20, insurance premium: 500 rubles. x 20 = 10 thousand rubles. The total insurance premium is 30 thousand rubles. The basic limit of insurance liability under the contract is 1 million rubles. This agreement is concluded under the terms of an insurance liability limit of 3 million rubles. In this case, in accordance with the terms of insurance, a coefficient of 1.5 is applied. Final insurance premium under the contract: 30 thousand rubles. x 1.5 = 45 thousand rubles.

The Civil Code distinguishes two types of civil liability insurance:

• 1) insurance of the risk of liability for obligations arising from causing harm to the life, health or property of other persons;
• 2) insurance against the risk of liability for breach of contract.

Civil liability as a subject of insurance against the risk of liability for obligations arising from causing harm to the life, health or property of other persons means the obligation of the person who caused harm to another person to compensate it in full.

Damage caused to legal linden will always be of a property nature. Harm caused to physical person, may affect both the property and personal sphere of the victim.

When insuring liability for harm, there are always at least two obligations. The first is an obligation resulting from causing harm, the subjects of which are the causer of harm (delinquent) and the victim. This obligation gives rise to the liability of the harm-doer to the victim in the form of an obligation to compensate for losses that the victim incurred as a result of the fact of causing harm. The second is an insurance obligation, the subjects of which are the insurer and the policyholder.

Liability insurance for damage caused can be either mandatory or voluntary.

Under an insurance contract for the risk of liability for causing harm, the risk of liability of not only the insured, but also the risk of liability of another person who may be assigned such liability can be insured.

The recipient of the insurance compensation acts as the beneficiary.

The subject of insurance in this type of insurance is the liability itself, which the policyholder (the insured person) may bear as a cause of harm to third parties - victims. The object of insurance is the property interest of the tortfeasor.

An insurance contract can insure liability for damage that arises either regardless of someone’s fault or based on the fault of the responsible person or other persons for whom he is responsible. If the contract does not contain special conditions in this regard, then, as a general rule, it is considered that liability is insured regardless of whether it occurred due to someone else’s fault or without it.

Determining the sum insured for this type of insurance has its own peculiarities. This amount can be set as follows:

• 1) in a firmly designated (fixed) size;
• 2) in the amount that the tortfeasor (aka the insured) actually pays to the victim;
• 3) in the amount of the amount that the victim presents to the causer of harm and which will be recognized by him.

In contrast to the rules provided for insuring liability for harm, when insuring contractual liability it is allowed to insure the liability of only the policyholder himself.

Let us immediately note that in accordance with Art. 932 of the Civil Code, insurance of the risk of liability for breach of contract is allowed only in cases provided for by law.

Consequently, in the absence of a direct requirement of the law, this liability cannot be insured, and if it does take place, then it should be considered as insurance of illegal interests, which entails the nullity of the insurance contract.

In accordance with paragraph 1 of Art. 935 of the Civil Code, liability insurance for breach of contract may be provided as a compulsory type of insurance.

By virtue of clause 3 of Article 932 of the Civil Code, when insuring contractual liability, the beneficiary is always only the person to whom the insured is responsible, regardless of who is indicated as the beneficiary in the contract. Therefore, in this case, as well as when insuring liability for damage, the use of a bearer policy is unacceptable.

The insured amount in this agreement can be determined not in a specific monetary amount, but in the amount of the debtor’s liability.

Thus, the subject of insurance for liability for breach of contract is the liability itself (in the form of compensation for losses and payment of penalties), to which the insured as a party to the main contract may be subject to liability for failure to perform or improper performance of the obligations arising from it.

An insured event with this type of insurance has two components:

• a) the fact of violation of the contract, which is the basis for holding the debtor liable under the contract;
• b) the fact that the debtor under the main contract, acting as the insured under the insurance contract, is held liable for violation of the main contract.

Civil liability is a measure of state coercion provided for by law or contract, used to restore the violated property or personal rights of the victim, satisfying them at the expense of the violator.

Liability entails property measures to compensate for the harm caused to the injured person. In accordance with generally accepted practice, organizations, enterprises, citizens, which through their activities may cause harm to the health, property or other property interests of third parties, are obliged to compensate for this damage. Liability insurance is aimed at compensating the injured party for harm that was unwittingly caused by the insured.

The purpose of liability insurance is to protect the economic interests of the insured who, when carrying out certain activities as a result of an accidental event, may involuntarily (unintentionally) cause harm to the life, health or property of third parties.

Activities mean not only production or trade activities, but also the commission of some actions or inactions: operation of transport or equipment, ownership of property, professional activities, ownership of animals, etc. By force of law or by court decision, appropriate payments are made to the victim.

In accordance with the Civil Code of the Russian Federation, the risk subject to insurance is divided into two types:

• - risk associated with causing harm (Article 931);
• - risk associated with the fulfillment of contractual obligations (Article 932).

In the first case, the insured has non-contractual liability. Under an insurance contract for the risk of liability for obligations arising as a result of causing harm to the life, health or property of other persons, the risk of liability of the insured himself or another person to whom such liability may be assigned can be insured.

In the second case, the insured has contractual liability associated with the realization of risks stipulated by the terms of the insurance contract.

An example of non-contractual liability is liability for harm (damage) caused by the policyholder (insured) to a third party as a result of the use of a motor vehicle.

An example of contractual liability is the liability of the policyholder for non-repayment of a loan when insuring the liability of the borrower of the loan. When insuring contractual liability, only the risk of the policyholder himself, who is responsible for violating contractual obligations, can be insured.

The object of liability insurance may be:

• - property interest of the insured associated with his risk of liability for obligations arising from causing harm to the life, health or property of other persons (in case of non-contractual liability insurance);
• - property interest of the insured associated with the risk of his liability for obligations arising from a violation of the contract.

Liability insurance has its own specifics and differences from other branches of insurance. Liability insurance is related to property insurance due to the fact that liability occurs when the property is used. However, in property insurance, a specific property or property is insured for a predetermined amount, while liability insurance does not protect specific property, but the welfare of the insured as a whole. Unlike personal insurance, liability insurance compensates for damage caused to the individual, i.e. it is damage insurance while personal insurance is sum insurance.

The subjects of the liability insurance contract are the insurer, the policyholder (insured) and the beneficiary. The policyholder can be an individual or a legal entity, the insured, as a rule, is an individual. The beneficiary in liability insurance is a third party who may suffer damage, even if the contract does not indicate for whose benefit it was concluded.

Unlike other types of insurance, at the time of concluding a non-contractual liability insurance contract, the beneficiary-victim acts as an abstract person whose interests are protected by the contract, and he is identified when an insured event occurs and insurance compensation is paid to him. The policyholder knows that if he causes unintentional harm, the insurer will compensate for the losses. The insurer carefully examines the circumstances of the insured event and calculates the losses caused by the insured. Liability insurance not only compensates for the damage to the injured party, but significantly mitigates the tension that inevitably arises between the perpetrator of the damage and the victim.

The insured event here is:

• - the fact of the occurrence of an obligation of the policyholder (insured) to compensate for damage caused to third parties as a result of the policyholder’s activities (inaction) in respect of which an insurance contract was concluded (in case of non-contractual liability insurance);
• - the fact that the insured has an obligation to compensate for losses caused to the beneficiary by violation (non-fulfillment) of the contract in respect of which (loss) an insurance contract was concluded (in case of contractual liability insurance).

As a rule, an insurance contract, by agreement of the parties, includes a specific list of events in the scope of the insurer’s obligations, namely:

• - a set of activities that may cause harm to the policyholder (providing legal services, owning a vehicle, notarial activity, etc.);
• - a list of adverse consequences for which the insurer is responsible (harm to the health of a passenger, environmental pollution);
• - a list of events that can lead to harm (work accidents, mistakes of the insured).

A special feature of liability insurance is the procedure for establishing the insured amount in the contract. Unlike property insurance, where the insured amount is determined by the insured value of the property or part of the cost, in a liability insurance contract the insured amount is determined as the maximum amount of indemnity, i.e. insurer's liability limit. The size of the limit is determined when concluding a liability insurance contract at the discretion of both parties and depends on the maximum amount of liability of the insured. The amount of the insurance premium depends on two groups of factors: the insurer's liability limit established by the contract and risk parameters. The choice of risk parameter indicators is influenced by the specific type of liability insurance and the type of activity of the insured. The most commonly used risk parameters are indicators of the volume of output or sales of products, the wage fund, the number of employees, the income of the policyholder, the number of vehicles, etc.

The Russian classification of types of liability insurance is presented in the Law of the Russian Federation “On the organization of insurance business in the Russian Federation”, namely:

• - insurance of civil liability of vehicle owners;
• - civil liability insurance of aircraft owners;
• - insurance of civil liability of owners of water transport vehicles;
• - insurance of civil liability of owners of railway transport vehicles;
• - civil liability insurance for organizations operating hazardous facilities;
• - insurance of civil liability for damage caused by defects in goods, works, services;
• - insurance of civil liability for damage to third parties;
• - insurance of civil liability for non-fulfillment or improper fulfillment of obligations under the contract See: Law on the organization of insurance business in the Russian Federation - Part 1 of Art. 32.9.

Liability insurance can be carried out in voluntary and compulsory form. In accordance with current legislation, compulsory insurance of the Russian Federation is carried out in the following types:

• - professional liability of notaries, customs carriers, customs brokers, realtors, appraisers;
• - liability for damage caused by radiation exposure when using nuclear energy;
• - liability associated with space activities;
• - liability for environmental damage.

When insuring the civil liability of vehicle owners, the insured risk is damage to the life, health or property of third parties as a result of an accident, which entails the obligation of the vehicle owner to compensate for the damage caused through his fault. The law allows an injured third party to make a claim or file a civil lawsuit seeking compensation for damage caused by a vehicle. Liability to third parties for damage caused during the operation of the car is borne not by the driver, but by the owner of the vehicle.

The third party under the contract of civil liability insurance of vehicle owners are those who, in accordance with the legislation of the Russian Federation, have the right to compensation for damage to life, health or property caused as a result of an insured event:

• -individuals;
• - legal entities;
• - state;
• - subjects of the Russian Federation;
• - local government bodies.

The MTPL Law provides for the following basic principles of compulsory insurance:

• - guaranteed compensation for harm caused to the life, health or property of victims, within the limits established by the Law;
• - universality and compulsoryness of civil liability insurance for vehicle owners;
• - inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled the statutory obligation to insure their civil liability;
• - economic interest of vehicle owners in improving road safety.

Article 1 of the Law on Compulsory Motor Liability Insurance establishes that compensation is subject to damage caused only within the boundaries of roads intended for road traffic, as well as in areas adjacent to them and intended for the movement of vehicles (in courtyards, residential areas, vehicle parking lots, gas stations and etc.). It has also been established that the operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic is not considered the use of the vehicle and therefore damage caused by this equipment is not compensated by insurers See: Law on Compulsory Motor Liability Insurance - Art. 1.

The terms of the compulsory insurance contract must comply with the standard conditions contained in the compulsory insurance rules issued by the Government of the Russian Federation See: Law on Compulsory Motor Liability Insurance - Art. 5.

Based on paragraph 1 of Article 6 of the Law on Compulsory Motor Liability Insurance, the object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising as a result of harm to the life, health or property of victims when using a vehicle on the territory of the Russian Federation.

Determination of the amount of insurance payment due for compensation for harm caused to the victim is determined according to the rules of Chapter 59 of the Civil Code of the Russian Federation.

A contract of compulsory insurance of civil liability of vehicle owners is an insurance contract under which the insurer undertakes, for a fee stipulated by the contract (insurance premium), upon the occurrence of an event (insured event) stipulated in the contract, to compensate the victims for damage caused to their life, health or property as a result of this event (carry out insurance payment) within the amount specified in the contract (sum insured). The compulsory insurance contract must comply with the Law on Compulsory Motor Liability Insurance and the Insurance Rules in force at the time of its conclusion.

Changing the provisions of the Law on Compulsory Motor Liability Insurance, the Insurance Rules after the conclusion of a contract does not entail changes in the provisions (in particular, on the procedure for execution, validity periods, essential conditions) except in cases where the law applies to relations arising from previously concluded contracts (clauses 1 and 2 Article 422 of the Civil Code of the Russian Federation).

When resolving disputes arising from compulsory insurance contracts for civil liability of vehicle owners, it should be borne in mind that the rules of Art. 428 Civil Code of the Russian Federation o.

The compulsory insurance contract is public and is concluded on the terms provided for by the Law on Compulsory Motor Liability Insurance and other legal acts adopted for the purpose of its implementation.

According to the provisions of paragraph 25 of Art. 12 of the Law on Compulsory Motor Liability Insurance and paragraph 2 of Art. 426 of the Civil Code of the Russian Federation, the terms of a compulsory insurance contract that contradict the Law on Compulsory Motor Liability Insurance and (or) the Insurance Rules, including those establishing additional grounds for releasing an insurance organization from the obligation to make an insurance payment, are void (clause 5 of Article 426 of the Civil Code of the Russian Federation).

If a dispute arises about the content of an insurance contract, the content of the policyholder's application, the insurance policy, as well as the insurance rules on the basis of which the contract was concluded should be taken into account.

The compulsory insurance contract does not apply to cases of damage to life, health and (or) property when using a vehicle on the territory of a foreign state, including in cases where the amount of damage exceeds the maximum insured amount according to the rules of “green card” insurance (Article 31 of the Law about OSAGO).

The issuance of an insurance policy is evidence confirming the conclusion of a compulsory civil liability insurance agreement, until proven otherwise.

Incomplete and (or) untimely transfer to the insurer of the insurance premium received by an insurance broker or insurance agent, unauthorized use of compulsory insurance insurance policy forms do not exempt the insurer from fulfilling the compulsory insurance contract (clause 7.1 of Article 15 of the Law on Compulsory Motor Liability Insurance).

In the event of the theft of compulsory insurance policy forms, the insurance organization is exempt from paying insurance compensation only on the condition that before the date of the insured event, the insurer, insurance broker or insurance agent contacted the authorized bodies with a statement about the theft of the forms (Clause 7.1 Article 15 of the Law on OSAGO).

After concluding a compulsory insurance contract, replacing the vehicle specified in the compulsory insurance insurance policy, changing the insurance period, as well as replacing the policyholder are not allowed.

When the right of ownership, right of economic management or operational management of a vehicle is transferred from the insured to another person, the new owner is obliged to enter into a contract of compulsory insurance of his civil liability (Clause 2 of Article 4 of the Law on Compulsory Motor Liability Insurance).

An insured event is an event that results in civil liability of the insured and other persons, the risk of liability of which is insured under a compulsory insurance contract for causing harm to the life, health and (or) property of victims when using a vehicle (paragraph 11 of article 1 of the Law about OSAGO).

The use of a vehicle should be understood not only as mechanical (physical) movement in space, but also all actions associated with this movement and other operation of the vehicle (towing, parking, parking, stopping, etc.).

In relation to the Law on Compulsory Motor Liability Insurance, the use of a vehicle means its operation within the boundaries of roads, as well as in areas adjacent to roads and intended for the movement of vehicles (in courtyards, in residential areas, in vehicle parking lots, gas stations, as well as any other territories , on which it is possible to move (pass) a vehicle).

The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic does not constitute the use of the vehicle (paragraph 2 of article 1 of the Law on Compulsory Motor Liability Insurance).

The right to receive insurance payment in terms of compensation for damage caused to property belongs to the victim - the person who owns the property by right of ownership or other proprietary right. Persons who own property under a different right (in particular, on the basis of a lease agreement or by virtue of an authority based on a power of attorney) do not have an independent right to insurance payment in respect of the property (paragraph 6 of Article 1 of the Law on Compulsory Motor Liability Insurance).

If the damage caused as a result of a traffic accident is compensated not by the insurance company of the harm-cauter (or in the case of direct compensation of losses, by the insurance company of the victim), but by another person, then the person who compensated for the damage has the right to compensation for losses.

The person who compensated the victim for harm (the causer of harm, the insurance organization that paid insurance compensation under a voluntary property insurance contract, any other person except the insurance organization of the harm causer or the insurance organization of the victim) has the right to claim against the insurer who insured the civil liability of the victim only in cases allowing direct compensation for losses (Article 14.1 of the Law on Compulsory Motor Liability Insurance). In other cases, such a requirement is presented to the insurer that insured the civil liability of the tortfeasor.

A person who has compensated for damage caused as a result of an insured event has the right to claim against the insurer in the amount determined in accordance with the MTPL Law. At the same time, the implementation of the transferred right of claim is carried out in accordance with the legislation of the Russian Federation in compliance with the provisions of the Law on Compulsory Motor Liability Insurance (MTPL) governing the relationship between the victim and the insurer (clause 23 of Article 12 of the Law on Compulsory Motor Liability Insurance).

The rights of the victim (beneficiary) under a compulsory insurance contract can be transferred to another person only in terms of compensation for damage caused to his property upon the occurrence of a specific insured event within the framework of a compulsory insurance contract for civil liability of vehicle owners (Article 383 of the Civil Code of the Russian Federation).

The transfer of the rights of the victim (beneficiary) under a compulsory insurance contract is allowed only from the moment the insured event occurs.

The rights of the victim to compensation for harm to life and health, as well as the right to compensation for moral damage and procedural rights of the consumer cannot be transferred under an agreement for the assignment of claims (Article 383 of the Civil Code of the Russian Federation).

Submission by the beneficiary to the insurer of a demand for payment of insurance compensation does not exclude the assignment of the right to receive insurance compensation. If the beneficiary receives an insurance payment, the assignment of the right to receive the insurance payment is allowed to the extent not terminated by execution.

If from the documents drawn up by the police officers it is impossible to establish the guilt of the insured person in the occurrence of the insured event or to determine the degree of guilt of each of the drivers involved in the traffic accident, the person who applied for the insurance payment is not deprived of the right to receive it.

In this case, insurance organizations make insurance payments in equal shares of the amount of damage suffered by each (paragraph 4, paragraph 22, article 12 of the Law on Compulsory Motor Liability Insurance).

The insurer is released from the obligation to pay a penalty, the amount of a financial sanction, a fine and compensation for moral damage if the obligation to pay insurance compensation in equal shares of the amount of damage suffered by each of the drivers involved in a traffic accident has been fulfilled.

In case of disagreement with such payment, the person who received the insurance compensation has the right to file a claim in court to recover the missing part of the insurance compensation. When considering a dispute, the court is obliged to establish the degree of guilt of the persons found responsible for the harm caused, and to recover an insurance payment from the insurance company, taking into account the degree of guilt established by the court of the persons whose civil liability is insured. The law does not provide for an independent statement to establish the degree of guilt.

The right of the original creditor passes to the new creditor to the extent and on the conditions that existed at the time of transfer of the right, including the rights associated with the main claim, including the right to claim against the insurer obliged to make an insurance payment in accordance with the Law on Compulsory Motor Liability Insurance (MTPL), payment penalties, amounts of financial sanctions and fines (clause 1 of article 384 of the Civil Code of the Russian Federation, paragraphs 2 and 3 of clause 21 of article 12, clause 3 of article 16.1 of the Law on OSAGO). The right to demand recovery from the insurer of a fine provided for in paragraph 3 of Art. 16.1 of the Law on Compulsory Motor Liability Insurance cannot be transferred to a legal entity until the court makes a decision on its recovery.

The same rules apply to cases of transfer to the insurer that paid the insurance compensation of the rights of claim by way of subrogation, since such a transfer is a special case of a change of persons in an obligation on the basis of law (subclause 4, clause 1, article 387, clause 1, article 965 Civil Code of the Russian Federation).
An agreement for the assignment of the right to insurance payment is considered concluded if the subject of the agreement is determinable, i.e. it is possible to establish in relation to which right (from which contract) the assignment was made. At the same time, the absence in the contract of indicating the exact amount of the assigned right of claim is not a basis for recognizing the contract as not concluded (clause 1 of Article 307, clause 1 of Article 432, clause 1 of Article 384 of the Civil Code of the Russian Federation).

When the rights of the beneficiary (victim) are transferred to another person (for example, assignment of the right of claim, subrogation), not only the rights are transferred, but also the obligations associated with receiving insurance compensation. The acquirer becomes obligated to notify the insurance company of the occurrence of an insured event, which is obligated to make an insurance payment in accordance with the MTPL Law, to submit an application for insurance payment with all the necessary documents attached, and to submit a claim if these actions have not been previously performed by the beneficiary (victim).

If the amount of compensation paid by the insurer under a voluntary property insurance contract exceeds the maximum insured amount under a compulsory insurance contract, the insurer, by way of subrogation, along with the right of claim against the insurance organization obligated to make an insurance payment in accordance with the MTPL Law, transfers the right of claim to the causer harm in excess of this amount (Chapter 59 of the Civil Code of the Russian Federation).

If, when considering a case on a subrogation claim from an insurance organization that paid insurance compensation under a voluntary insurance contract, it is established that the latter paid insurance compensation under a compulsory insurance contract, then the court it is necessary to establish which insurance company made the payment earlier.

If the insurance compensation under the compulsory insurance contract was paid earlier than the insurance compensation under the voluntary property insurance contract, then the subrogation claim of the insurer under the voluntary property insurance contract against the insurer under the compulsory civil liability insurance contract is not subject to satisfaction (clause 1 of Article 408 of the Civil Code of the Russian Federation ).

In the event that an insurance organization under a voluntary property insurance agreement paid the amount of insurance compensation before the insurance organization under a compulsory insurance agreement, the claim may be rejected if it is established that the insurance organization that received the rights of the beneficiary did not properly notify the insurance company of the causer. harm about the subrogation that occurred (Article 382 of the Civil Code of the Russian Federation).

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