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Civil law. Part II. Basic concepts of insurance law. Elements of an insurance contract (the most important)

Lecture notes, cheat sheets

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73. BASIC CONCEPTS OF INSURANCE LAW. ELEMENTS OF INSURANCE CONTRACT

Insurable interest - a measure of material interest in insurance. There are:

a) policyholder's interest, cat. is divided into the interest of the owner of the property (consists in the property itself and in liability for loss of profit) and the implied interest (occurs for the insured from the moment he learns that he may suffer damage as a result of an accident);

b) insurer's interest - his liability specified in the terms of insurance. The insurer may reinsure this interest only under the same conditions.

There are two types of relationships between the policyholder and the insurer:

a) for payment of contributions to the insurance fund. In this case, two concepts are distinguished: insurance premium - insurance fee, which the policyholder is obliged to pay to the insurer within the established time limits; insurance fee - part of the insurance premium, if it is payable in installments;

b) for insurance payment - this is the amount of money that the insurer is obliged to pay as a result of the occurrence of an insured event.

Insurance case - this is an actual event that entails the insurer’s obligation to make an insurance payment.

insurance risk - the expected event against which insurance is provided.

Insurance tariff - the rate charged by the insurer per unit of sum insured, taking into account the object of insurance and the nature of the insurance risk, which is used to calculate the amount of the insurance premium.

It is not allowed to insure illegal interests, as well as losses from participation in games, lotteries and bets.

The subject An insurance contract is a special kind of service that the insurer provides to the insured and which is embodied in the bearing of the insured risk within the sum insured.

Form contracts are written only. The contract can be concluded by drawing up a document, or by handing the insurance policy (certificate, certificate, receipt) signed by the insurer to the insured by the insurer.

Insurance policy - a document confirming the fact of concluding an insurance contract. He can be one-time - simple insurance transactions are processed, and general - extending to several homogeneous property insurance operations (in relation to a group of items).

Essential conditions contracts: insurable interest; insurance risk; sum insured; term.

Period the contract is determined by the general rules established by Ch. 11 GK. It begins to flow after the payment of the insurance premium or its first installment. The Agreement terminates at the end of its term or upon early termination.

Limitation of actions under the contract: a claim on demand from a property insurance contract can be brought within 2 years (exception - under a liability risk insurance contract for obligations arising from damage to life, health or property of other persons, the limitation period is 3 years); a claim on demand from a personal insurance contract is presented in accordance with the rules of the Civil Code of the Russian Federation on limitation of actions.

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