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

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

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75. OBLIGATIONS OF THE PARTIES UNDER THE INSURANCE CONTRACT

Obligations of the insurer: familiarize the insured with the rules of insurance; at the request of the insured, issue insurance policies for individual lots of property falling under the general policy; renegotiate the contract at the request of the insured in the event of circumstances that reduce the risk of an insured event and the amount of possible damage to the insured property; make an insurance payment within the time limits established by the contract or law, upon the occurrence of an insured event (in case of non-compliance with this obligation, the insurer pays the policyholder a fine in the amount of 1% of the amount of the insurance payment for each day of delay); reimburse the expenses incurred by the policyholder in the event of an insured event, to prevent or reduce damage to the insured property, if this obligation is provided for by the insurance rules (reimbursement of expenses is made only within the amount of damage); not to disclose information about the insured and his property status; compensate the insured for part of the losses incurred by the latter in proportion to the ratio of the sum insured to the insured value, if the property or business risk insurance contract sets the sum insured below the insured value.

The insurer is not required make an insurance payment if:

a) the insured event occurred as a result of the intention of the insured, except in cases where the cat. he is not exempt from payment: for causing harm to life or health, even if the harm was caused through the fault of the person responsible for it; sum insured, cat. under a personal insurance contract, it is payable in the event of the death of the insured person, if his death was due to suicide and by that time the contract had been in force for at least two years; upon the occurrence of an insured event due to the negligence of the insured, both light and gross (if this is not related to the property insurance contract);

b) the insured event occurred as a result of: the impact of a nuclear explosion, radiation or radioactive contamination; military operations, as well as maneuvers or military measures; civil war, strikes;

c) losses arose as a result of the seizure, confiscation, requisition, arrest or destruction of the insured property by order of the state. organs;

d) the policyholder failed to notify the insurer of the insured event.

Obligations of the insured: inform the insurer, when concluding the contract, of the circumstances that are important for the correct assessment of the insured risk, as well as of all insurance contracts concluded in relation to this insurance object; report, in respect of each lot of property falling under the general policy, the information stipulated by such a policy within the period stipulated by it; pay insurance premiums on time; notify immediately of significant changes that have become known in the circumstances reported to the insurer at the conclusion of the contract, if these changes may significantly affect the increase in the insured risk; submit an application to the insurer about the occurrence of an insured event within the established time limits.

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