Press about insurance, insurance companies and the insurance market. Policyholders, insured persons and beneficiaries Insurer Insured Insured

Insurers (Article 5 of the Law of the Russian Federation “On the organization of insurance business in the Russian Federation”) are recognized as legal entities and capable individuals who either voluntarily (of their own free will) entered into insurance contracts with insurers, or are policyholders by force of law. Legal entities and capable individuals become policyholders by force of law only in cases where provided topics or other federal law.

The insured person is individual, whose health, life, property or pension provision is insured by an insurance organization either by virtue of the good will of the policyholder, or by virtue of a direct indication in a special federal law. For example, an insured person according to the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” is an individual subject to compulsory social insurance from industrial accidents and occupational diseases, as well as an individual who has suffered health damage as a result of an industrial accident or occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work.

The insured person is not a party to the contract (the parties to the contract are the insurer and the policyholder), and his expression of will cannot serve as a basis for changing its terms. The insured person does not appear in all types of insurance contracts. Thus, in property insurance contracts, according to the law, there is not and cannot be such a figure as the insured person. And in personal insurance contracts and in liability insurance contracts for causing harm, there is such a thing as an “insured person.” The appointment of the insured person must be agreed upon by the parties (the policyholder and the insurer) when concluding the insurance contract. A personal insurance contract may be concluded in favor of the insured person. If the insured person does not agree that the contract should be concluded in favor of another person, then the contract will be concluded in favor of the insured person himself, i.e. there will be no beneficiary in the contract. Then, in the event of the death of the insured person under the personal insurance contract, in the absence of other beneficiaries directly specified in the contract, the heirs of the deceased insured person automatically become beneficiaries.

The beneficiary is the person in whose favor the insurance contract is concluded. Beneficiaries can be both individuals and legal entities.
In personal insurance, the policyholder himself, or the insured person, or another third party with the consent of the insured person can be appointed as the beneficiary (Article 934 of the Civil Code of the Russian Federation).
In property insurance, the law clearly establishes the persons whom the policyholder has the right to appoint as beneficiaries in insurance contracts and who have certain insurance interests. Article 929 of the Civil Code of the Russian Federation regulates that under a property insurance contract, beneficiaries may be appointed persons who are interested in preserving the insured property on the basis of a law, other legal act or agreement (Article 930 of the Civil Code of the Russian Federation).
In insurance contracts for liability for causing harm (Article 931 of the Civil Code of the Russian Federation), beneficiaries may be persons who may be harmed by the actions of the policyholder or insured persons.
When insuring liability under a contract (Article 932 of the Civil Code of the Russian Federation), persons to whom the policyholder may cause damage as a result of failure to fulfill its obligations under the contract may be designated as beneficiaries.
Under business risk insurance contracts (Article 933 of the Civil Code of the Russian Federation), the beneficiaries, as prescribed by law, must be the policyholders themselves - persons who may experience a loss in the course of business activity.

Insurance contract - this is an agreement by virtue of which one party (the policyholder) pays an insurance premium, and the other party (the insurer) undertakes, upon the occurrence of an insured event, to pay insurance compensation within the limits determined by agreement amounts (for property insurance), or the insured amount (for personal insurance).

The legal definition is given in Art. 929 Civil Code of the Russian Federation:

Under a property insurance contract, one party (insurer) undertakes, for a fee stipulated by the contract (insurance premium), upon the occurrence of an event stipulated in the contract (insured event), to compensate the other party (the policyholder) or another person in whose favor the contract was concluded (the beneficiary) for damages caused as a result of this events, losses in the insured property or losses in connection with other property interests of the policyholder (pay insurance compensation) within the limits of the amount specified in the contract (sum insured).

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Under a property insurance contract, in particular, the following property interests can be insured:

1. 1. risk of loss (destruction), shortage or damage to certain property ();
   2. the risk of liability for obligations arising from causing harm to the life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability (Articles 931 and);
   3. the risk of losses from business activities due to violation of their obligations by the entrepreneur's counterparties or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving expected income - business risk ().

Insurance risk- an expected event for which insurance is provided.

Insurance case- an event that has occurred, provided for by an insurance contract or by law, the occurrence of which is associated with the emergence of an obligation on the part of the insurer to make an insurance payment to the policyholder, beneficiary or insured person.

Insurance value- actual value of the insured property.

Insurance premium- payment for insurance, which the policyholder (beneficiary) is obliged to pay to the insurer in the manner and within the time limits established by the insurance contract.

Sum insured- the amount within which the insurer undertakes to pay insurance compensation under a property insurance contract or which it undertakes to pay under a personal insurance contract.

The essence and significance of the insurance contract

Insurance - this is the view social activities, competing in effectiveness with other forms of social security for the interests of the individual.

Types of insurance:

• 1. voluntary,
  2. compulsory (for example, motor vehicle liability insurance) and
  3. compulsory state (insurance from the corresponding budget).

According to the legal nature of the insurance contract:

1. • compensated;
   • bilateral;
   • real, but may, as an exception, be consensual;
   • may be a contract in favor of a third party if the beneficiary or the insured person is present as subjects.

Subjects of the insurance contract

The subjects of the insurance contract include:

1. 1. insurer;
   2. policyholder;
   3. optionally - third parties in whose favor the contract is concluded (beneficiary or insured person).

Insurers - only legal entities who have licenses to carry out insurance of the corresponding type (Article 938 of the Civil Code of the Russian Federation).

Policyholders, according to general rule, can be any individuals and legal entities(unless insurance is related solely to business risks).

The insured person is the person whose interest is insured (the insured person may also be the policyholder himself).

In a personal insurance contract, only a citizen can be the insured person.

The beneficiary is the person to whom the insurer must pay the insurance compensation (sum insured for personal insurance). The beneficiary may be the policyholder himself or a third party.

Policyholder has the right to replace the beneficiary, named in the contract, by another person, having notified the insurer in writing. Replacing a beneficiary under a personal insurance contract, appointed with the consent of the insured person, is allowed only with the consent of this person.

The beneficiary cannot be replaced by another person after he has fulfilled any of the obligations under the contract or has submitted a claim to the insurer for insurance payments.

The insurer has the right to demand from the beneficiary (the insured person) the fulfillment of obligations under the contract, including the obligations that lie with the insured, but were not fulfilled by him, when the beneficiary submits a demand for payment of insurance benefits. The risk of consequences of non-fulfillment or untimely fulfillment of duties that should have been performed earlier is borne by the beneficiary.

Insurance contract form

The insurance contract must be concluded in writing. Non-compliance written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance contract ().

The insurance contract can be concluded by

• • drawing up one document (clause 2 of Article 434) or
  • delivery by the insurer to the policyholder based on his written or oral statement insurance policy(certificate, certificate, receipt) signed by the insurer.

When concluding an insurance contract, the insurer has the right to use standard forms of agreement (insurance policy) developed by it or an association of insurers for certain types of insurance.

Essential terms of the insurance contract

An agreement must be reached on the following (Article 942 of the Civil Code of the Russian Federation):

The terms of the insurance contract are void:

1. 1. on insurance of illegal interests;
   2. on insurance of losses from participation in games, lotteries and bets;
   3. on insurance of expenses that a person may be forced to incur in order to free hostages.

If the insured amount specified in the property or business risk insurance contract exceeds the insured value, the contract is void to the extent of the insured amount that exceeds the insured value.

Entry into force of the agreement

As a general rule, the contract comes into force when the insurance premium is paid. Under these conditions, the insurance contract will be real.

The contract may provide for payment of the insurance premium in installments. Then the contract comes into force from the moment the first installment is paid, but in any case, upon the occurrence of an insured event, the insurer cannot make the amount of insurance payments dependent on the amount of actual contributions made. If the next installment is late, the insurer has the right only to reduce the insurance payment by the amount of the overdue installment.

The agreement of the parties may establish another moment for the entry into force of the contract, for example, the moment of its signing. In this case, the contract will be consensual.

Insurer's obligation

The insurer is obliged to pay the insurance indemnity or the insured amount upon the occurrence of an insured event.

The insurer, by default, is released from this obligation when the insured event occurs as a result of:

• • exposure to a nuclear explosion, radiation or radioactive contamination;
  • military operations, as well as maneuvers or other military events;
  • civil war, civil unrest of any kind or strikes;
  • seizure, confiscation, requisition, arrest or destruction of insured property by order of government authorities;
  • intent of the policyholder, beneficiary or insured person.

An exception to an exception. The last exception does not apply to:

1. 1. civil liability insurance;
   2. case of suicide of the insured person, if the personal insurance contract was valid for at least two years.

Organizational rights and obligations of the parties under the insurance contract

Subrogation

The insurer who has paid the insurance indemnity under the property insurance contract is transferred, within the limits of the amount paid, the right of claim that the insured (beneficiary) has against the person responsible for the losses compensated as a result of the insurance. However, the condition of the contract that excludes the transfer to the insurer of the right of claim against the person who intentionally caused losses is void (Article 965 of the Civil Code of the Russian Federation).

Termination of the insurance contract

The contract is terminated early if, after its entry into force, the possibility of the occurrence of an insured event has ceased or the existence of the insured risk has ceased due to circumstances other than the insured event (for example, the loss of property insured against fire as a result of a flood). In case of early termination of the contract, the insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force.

The policyholder (beneficiary) has the right to cancel the insurance contract at any time. In case of early cancellation of the contract, the insurance premium paid to the insurer is not refundable, unless otherwise provided by the contract.

Limitation period from the insurance contract

On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period, see the Resolution of the Plenum Supreme Court Russian Federation dated September 29, 2015 No. 43 | "On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period"

The limitation period for claims arising from a property insurance contract, with the exception of a liability risk insurance contract for obligations arising from causing harm to the life, health or property of other persons, is two years (Article 966 of the Civil Code of the Russian Federation).

The limitation period for claims arising from a liability risk insurance contract for obligations arising from causing harm to the life, health or property of other persons is three years ().

Features of certain types of insurance

Property insurance

1) Property insurance

The entity in whose favor the contract is concluded is recognized only as a person who can actually incur losses in connection with a violation of the insured interests (thus, the tenant cannot insure the leased property against the risk of accidental death for his own benefit if this risk remains with the lessor as the owner).

An agreement in favor of the beneficiary may be concluded without indicating the name of the beneficiary. Upon conclusion of such a contract, the policyholder is issued an insurance policy to bearer.

When the rights to the insured property are transferred to another person, the rights and obligations under the contract are transferred to the latter (except for cases of forced seizure of property and waiver of ownership rights). The person to whom the rights to the insured property have been transferred must immediately notify the insurer in writing.

2) Liability insurance for damage

The subject of insurance is the risk of liability for obligations arising from causing harm to the life, health or property of other persons.

The person whose risk of liability for damage is insured must be named in the contract. If this person is not named in the contract, the risk of liability of the policyholder himself is considered insured.

An agreement is considered concluded in favor of persons who may be harmed (beneficiaries), even if the agreement is concluded in favor of another person or it does not say in whose favor it is concluded.

In the event that liability for causing harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the insurance contract for such liability, the person in whose favor the insurance contract is considered to have been concluded has the right to make a claim directly to the insurer for compensation for damage. within the limits of the insured amount.

3) Liability insurance under the contract

Such insurance is permitted in cases provided for by law. Under the contract, only the risk of liability of the policyholder himself can be insured. A contract that does not comply with this requirement is void.

The risk of liability for breach of contract is considered insured in favor of the party to whom, under the terms of this contract, the insured must bear corresponding liability - the beneficiary, even if the contract was concluded in favor of another person or it does not say in whose favor it was concluded.

4) Business risk insurance

The object of insurance is the risk of losses from business activities due to the violation of the entrepreneur’s counterparties of their obligations or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, incl. the risk of not receiving expected income.

Under the contract, the business risk of only the policyholder himself can be insured and only in his favor. A contract in favor of a person who is not the policyholder is considered to be concluded in favor of the policyholder.

Personal insurance

A personal insurance contract is a public contract.

The contract may provide for the obligation of the insurer upon the occurrence of an insured event to pay the policyholder or insured person the insured amount in a lump sum or pay it periodically.

The contract is considered concluded in favor of the insured person if another person is not named in the contract as a beneficiary. In the event of the death of a person insured under a contract in which no other beneficiary is named, the heirs of the insured person are recognized as beneficiaries.

A contract in favor of a person who is not an insured person, including in favor of a policyholder who is not an insured person, can be concluded only with the written consent of the insured person. In the absence of such consent, the contract may be declared invalid at the claim of the insured person, and in the event of the death of this person - at the claim of his heirs.

The insured person named in the personal insurance contract may be replaced by the policyholder with another person only with the consent of the insured person and the insurer.

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The insured person, as a figure participating in insurance legal relations, is most often mentioned in personal insurance contracts, since in accordance with paragraph 2 of Art. 934 of the Civil Code of the Russian Federation, these contracts are recognized as concluded in favor of the insured person, unless another person is named in the contract as a beneficiary.

With all the variety of personal insurance contracts, the legislator considers the insured person as the beneficiary, which can only be an individual named in the insurance contract. The need to specify the insured person in the contract is determined primarily by the purpose of personal insurance, which is to protect the property interests of the policyholder or another citizen named in the contract.

The insured person in personal insurance contracts is a universal figure occupying a different legal position. Moreover, the specified versatility of the legal status of the insured person is determined by the legislator.

In particular, the legislator in Art. 934 of the Civil Code considers the insured person in two options. Firstly, as a direct policyholder, i.e. when the policyholder enters into a personal insurance contract in his favor, linking the insured event with his personality. Secondly, as a third party named in the contract of the citizen (insured person), while linking the insured event with the identity of this person. In this case, on the creditor's side in the insurance obligation there are two persons: the policyholder himself, who is a party to the insurance contract, and a third party - the insured person, whose life and health are insured.

Another feature of the legal status of the insured person is that the legislator considers him as the administrator of the insurance payment. This is due to the fact that the event for which personal insurance is provided must occur in the life of only the insured person. Therefore, execution under a personal insurance contract depends on the will of the insured person.

The foregoing allows us to conclude that a personal insurance contract cannot be concluded without the participation of the insured person. It is for this reason that the legislator establishes that the right to receive the insurance amount belongs to the person in whose favor the insurance contract was concluded, designating him at the same time as the beneficiary (Clause 2 of Article 934 of the Civil Code of the Russian Federation).

The figure of the beneficiary in personal insurance, as well as the figure of the insured person, is universal. The following persons may act as beneficiaries in a personal insurance contract:

The policyholder, provided that he is also the insured person and if the contract does not name another person as a beneficiary; in other words, when a person acts in an insurance contract simultaneously as three persons - the policyholder, the insured person and the beneficiary;

An insured person who is not the same as the policyholder, but acts in the contract as a third party to receive the insured amount;

The actual beneficiary, who is neither the policyholder nor the insured person, but is appointed by the insured person to receive the insurance payment (in the event of the death of a person insured under an agreement in which another beneficiary is not named, the heirs of the insured person are recognized as beneficiaries).

It should be noted that if an uninsured person acts as a beneficiary, then this beneficiary appears in the insurance transaction solely at the will of the insured person, even if the insured person is not the policyholder. In this situation, the policyholder is a party to the personal insurance contract, by whose will an insured person appears in the transaction, having the right to appoint a beneficiary. Moreover, this right is granted to the insured person who is not the policyholder, and, moreover, regardless of any influence on the part of the latter. This circumstance is explained by the essence of personal insurance contracts, which consists in protecting the property interests of only one person, called the insured person.

Since the object of personal insurance (property interest) was mentioned above, the issue of the insurable interest of the insured person, who is also the policyholder, as well as the insured person, who is a third party appointed by the policyholder, should be considered, i.e. about two insurance agents.

To assume the existence of an insurable interest in the insured person means to assume the existence of an insurable interest in personal insurance contracts. In this regard, our point of view boils down to the fact that in personal insurance there must be an insurable interest, because the object of a personal insurance contract, like any other type of insurance, is the protection of the property interests of persons interested in insurance. This conclusion follows from a number of norms of general civil and insurance legislation. So, in particular, in paragraph 2 of Art. 1 of the Civil Code of the Russian Federation determines that citizens (individuals) and legal entities acquire and exercise their civil rights of their own will and in their own interest.

Policyholders(Article 5 of the Law of the Russian Federation “On the organization of insurance business in the Russian Federation”) legal entities and capable individuals are recognized, either voluntarily (of their own free will) entering into insurance contracts with insurers, or being policyholders by force of law. Legal entities and capable individuals become policyholders by force of law only in cases provided for by one or another federal law.

Insured person- this is an individual whose health, life, property or pension provision is insured by an insurance organization either by virtue of the good will of the policyholder, or by virtue of a direct indication in a special federal law. For example, an insured person according to the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” is an individual subject to compulsory social insurance against industrial accidents and occupational diseases, as well as an individual who has suffered health damage as a result of an accident at work. production or occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work.

The insured person is not a party to the contract (the parties to the contract are the insurer and the policyholder), and his expression of will cannot serve as a basis for changing its terms. The insured person does not appear in all types of insurance contracts. Thus, in property insurance contracts, according to the law, there is not and cannot be such a figure as the insured person. And in personal insurance contracts and in liability insurance contracts for causing harm, there is such a thing as an “insured person.” The appointment of the insured person must be agreed upon by the parties (the policyholder and the insurer) when concluding the insurance contract. A personal insurance contract may be concluded in favor of the insured person. If the insured person does not agree that the contract should be concluded in favor of another person, then the contract will be concluded in favor of the insured person himself, i.e. there will be no beneficiary in the contract. Then, in the event of the death of the insured person under the personal insurance contract, in the absence of other beneficiaries directly specified in the contract, the heirs of the deceased insured person automatically become beneficiaries.

Beneficiary– this is the person in whose favor the insurance contract is concluded. Beneficiaries can be both individuals and legal entities.

In personal insurance, the policyholder himself, or the insured person, or another third party with the consent of the insured person can be appointed as the beneficiary (Article 934 of the Civil Code of the Russian Federation).

In property insurance, the law clearly establishes the persons whom the policyholder has the right to appoint as beneficiaries in insurance contracts and who have certain insurance interests. Article 929 of the Civil Code of the Russian Federation regulates that under a property insurance contract, beneficiaries may be appointed persons who are interested in preserving the insured property on the basis of a law, other legal act or agreement (Article 930 of the Civil Code of the Russian Federation).

In insurance contracts for liability for causing harm (Article 931 of the Civil Code of the Russian Federation), beneficiaries may be persons who may be harmed by the actions of the policyholder or insured persons.

When insuring liability under a contract (Article 932 of the Civil Code of the Russian Federation), persons to whom the policyholder may cause damage as a result of failure to fulfill its obligations under the contract may be designated as beneficiaries.

Policyholder - a legal or capable individual who has entered into an insurance contract with the insurer and pays him an insurance premium (insurance premium) for the transfer of responsibility for bearing the risk.

Insured - 1) in personal insurance - an individual whose life, health and ability to work are the object of insurance protection. So, when insuring against accidents and illnesses, the insured will be the subject whose accident and illness become insured events of the insurance contract, i.e. events upon the occurrence of which the insurer makes insurance payments; 2) in property insurance and liability insurance - an individual or legal entity in respect of whom an insurance contract has been concluded. Thus, when insuring household property, the insured is the person whose property insurance contract has been concluded.

Beneficiary - an individual or legal entity appointed by the policyholder to receive insurance payments under insurance contracts.

Policyholders, insured persons and beneficiaries

Insured there will be a party in the insurance legal relationship, which undertakes to pay the insurer a stipulated amount (insurance premium), in return for which it acquires the right to demand payment of insurance compensation (insurance amount). This right of claim may belong to the beneficiary if the insurance was carried out in favor of a third party.

The legal status of the insured is determined by the norms of the Civil Code of the Russian Federation and the law “On the organization of insurance business in the Russian Federation”.

Policyholders are persons who have entered into insurance contracts with insurers or are policyholders by force of law. Insurers can be legal entities or capable individuals.

Property is insured in favor of a person who has an interest in preserving the property based on a contract. Such a person will be either the policyholder, or the insured, or beneficiary. When determining the existence of interest, the fact is taken into account whether the owner will be the person who insured the property for his benefit. If not, then does the policyholder bear the risk of accidental loss of property to its owner. In this case, it is necessary to take into account the circumstances of destruction of property (intention, negligence, actions of third parties, force majeure, etc.)

Insured person— ϶ᴛᴏ person whose interests will be the object of insurance. The insured person will not be an independent participant in the insurance, but it is in relation to the insured person that the insured event must occur.

The rules for appointing and replacing an insured person vary depending on the type of insurance contract.

In a property insurance contract, the insured person can only be the beneficiary. This is due to the fact that with property insurance, the person whose property is insured must have an interest in the safety of that property.

Under an insurance contract for the risk of liability for causing harm, it is permissible to have insured persons who are neither the insured nor the beneficiary.

Under an insurance contract for the risk of liability for breach of contract, only the risk of liability of the insured himself can be insured and only in favor of the party to whom, under the terms of the contract, the insured must bear ϲᴏᴏᴛʙᴇᴛϲᴛʙ responsibility.

Under a business risk insurance contract, only the business risk of the policyholder himself can be insured and only in his favor. The appointment of the insured person is unacceptable here - otherwise it leads to the nullity of the insurance contract.

After all, if the insured person is an entrepreneur, then someone will bear the costs of insuring his activities. The material was published on http://site
This contradicts the essence of entrepreneurial activity, which is carried out independently, at one’s own risk and with one’s dependence.

Moreover, such insurance can be considered as a type of gift, which is used to a limited extent in business relations. Therefore, it is impossible to single out the insured person when insuring business risk.

Beneficiary there will be a person in whose favor the insurance contract is concluded who receives insurance compensation or the insured amount.

As a rule, the insurance contract directly indicates the beneficiary or defines the conditions under which other persons become beneficiaries (for example, the heirs of the insured person under a personal insurance contract). Sometimes the beneficiaries are persons to whom the policyholder or the insured person caused harm (for example, risk insurance liability for harm)

The beneficiary, as the person in whose favor the insurance contract was concluded, has the right to receive insurance payment. Except for the above, the beneficiary has other rights aimed at ensuring the receipt of insurance payment: the right to fulfill any obligation under the contract, the right to submit a claim to the insurer for the issuance of insurance compensation or the insured amount.