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Civil law. Part II. Rights of the parties under the insurance contract (the most important)

Lecture notes, cheat sheets

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74. RIGHTS OF THE PARTIES UNDER THE INSURANCE CONTRACT

Rights of the policyholder:

1) conclude a personal insurance contract with the insurer in favor of a third party;

2) appoint a beneficiary to receive insurance payments;

3) replace the beneficiary named in the insurance contract with another person by notifying the insurer in writing;

4) make co-insurance, additional insurance;

5) require the insurer to reduce the amount of the insurance premium (contributions) by renegotiating the contract, if the measures taken by the insured reduce the risk of an insured event;

6) refer in defense of their interests to the insurance rules of the respective type, to which there is a link in the insurance contract (insurance policy), even if these rules, by virtue of Art. 943 of the Civil Code are optional for him.

Insurer's rights:

1) apply the standard forms of the contract (insurance policy) developed by him or the association of insurers for certain types of insurance;

2) when concluding an insurance contract, require from the policyholder the necessary information to determine the insured risk and independently assess this risk;

3) inspect the property, and, if necessary, appoint an examination in order to establish its actual value when concluding an insurance contract;

4) conduct an examination of the insured person under personal insurance in order to assess the actual state of his health;

5) apply the insurance rates developed by him, which determine the premium charged per unit of the sum insured, taking into account the object of insurance and the nature of the insured risk, when determining the amount of the insurance premium payable under the insurance contract;

6) independently find out the causes and circumstances of the insured event;

7) set off the amount of the overdue insurance premium when determining the amount of insurance compensation payable under a property insurance contract or the sum insured under a personal insurance contract, if the insured event occurred before the payment of the overdue regular insurance premium;

8) demand recognition of the contract as invalid if, when concluding it, the insured provided the insurer with knowingly false information about the circumstances that are essential for determining the insured risk;

9) demand a change in the terms of the contract or payment of an additional insurance premium in proportion to the increase in risk upon receipt of a notice from the insured about the circumstances that entail an increase in the insured risk;

10) demand termination of the contract and compensation for losses caused by the termination of the contract if the policyholder fails to fulfill the obligation to report the circumstances that increase the insured risk;

11) is not entitled to demand termination of the contract or its recognition as invalid on the grounds that the contract was concluded in the absence of answers from the insured to any questions of the insurer.

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