A well-written property insurance contract is a guarantee that in the event of an insured event, a citizen who has entered into an agreement with the insurance company will be able to receive funds that will compensate for the losses incurred. The insured in the indicated situation must transfer insurance premiums to the company. This is done with the help of a lump sum payment or a regularly transferred certain amount. The amount and timing of the provision of funds are negotiated and indicated in the property insurance contract when it is concluded.
With the help of an insurance contract, you can insure the risk of loss or confirmation of property, and receive compensation after writing the appropriate one.
insurance premium- according to, this is a one-time or regular payment of the insured, which is provided to the insurance company. The amount of the specified payment is negotiated by the parties to the agreement when concluding a property insurance contract.
Insurance payment- according to, this is a sum of money, the amount of which is negotiated and established by the parties to the agreement when concluding a property insurance contract. The specified payment is provided by the insurance company to the citizen who has concluded the agreement or to the beneficiary upon the occurrence of an insured event.
Sample property insurance contract
The property insurance contract is drawn up in writing and must contain the following information:
- Information about the insurance company - full name, legal address;
- Further, information about the insured is indicated - the name of the legal entity or the surname, name and patronymic of the citizen, as well as his passport data, address and telephone number;
- A thorough description of the object that the client wants to insure;
- The amount of insurance coverage;
- List of insurance risks - flooding, fire, damage to property by third parties;
- Validity of the property insurance agreement;
- The amount of the insurance premium;
- Conditions for granting the sum insured to the beneficiary;
- Rights and obligations of the insurer and the policyholder;
- Responsibility of the parties to the contract;
- Contract changes. The designated paragraph indicates the grounds for amending the document, as well as the procedure for the insured and the insurer;
- The number of the insurance policy, which is issued after the property insurance contract has been signed by both parties to the transaction;
- The date the agreement was signed.
The property insurance contract comes into force from the moment when the parties to the agreement have signed the document and when the policyholder has fully or partially paid the insurance premium.
Required documents
The list of documents that are required to draw up a property insurance contract:
- Identity card of an individual or an extract from the Unified State Register for Legal Entities;
- An act that can confirm that a citizen has the right to own property. It can be: a contract of exchange, donation or sale, as well as a certificate of the right to inheritance;
- A document that can confirm the value of the property. This may be a report on the evaluation of an object of art, jewelry, a vehicle;
- Photographs of the property that the citizen wishes to insure.
Rights and obligations of the parties
During the time when the property insurance contract is valid, the policyholder has the following rights:
- In case of loss of the policy, obtain its duplicate;
- Check whether the insurance company complies with the terms of the agreement;
- Change the beneficiary. In the indicated case, the policyholder must comply with the replacement conditions, which are indicated in the property insurance contract or in the provisions of the current legislation of the Russian Federation;
- Cancel the agreement early. In the presented situation, there is a mandatory condition according to which the citizen is obliged to notify the insurer of this in writing. This is done no more than thirty days before the date of termination of the property insurance agreement;
- Make changes to the terms of the agreement. This is done without fail with the consent of the insurer;
- Receive from the insurance company information that relates to its financial stability and is not a commercial secret;
- Get an insurance indemnity that will cover the damage caused to the insured property.
Along with the rights, according to the property insurance contract, the policyholder also has certain obligations:
- Transfer insurance premiums to the insurer, the amounts and terms of payment of which are indicated at the conclusion of the agreement;
- If a citizen intends to amend the property insurance contract, he must notify the insurer in writing;
- In the event of an insured event, the insured is required to notify the representatives of the company about this within thirty days. This is done in any way that can be fixed. It should also be noted that in addition to the notification, documents should be provided that confirm the fact of the occurrence of an insured event;
- Fulfill all clauses of the property insurance contract and other documents that fix the contractual legal relationship between the insurer and the policyholder.
Rights of the insurer:
- When concluding a property insurance contract, require from a person the necessary information to determine the insured risk and independently assess the damage caused;
- Inspect the property that the insured has decided to insure. If necessary, he has the right to appoint an examination to establish the price of the object;
- Take advantage of the insurance rates developed by him earlier, which determine the amount of the premium, taking into account the object to be insured and the nature of the risk;
- Independently find out the cause of the insured event;
- If, when drawing up a property insurance contract, the citizen who entered into the agreement provided the insurer with false information that is significant for determining the insurance risk, then the latter has the right to invalidate the agreement;
- Has the right to demand from the policyholder to change the terms of the property insurance contract;
- The right to demand the annulment of the agreement or compensation for losses if the citizen who has entered into this agreement with him does not notify the company of the circumstances that lead to an increase in the insured risk.
Obligations of the insurer:
- Before concluding a property insurance contract, he must familiarize the insured with the rules of insurance;
- Is obliged to amend the agreement if the policyholder declares the occurrence of circumstances that reduce the risk of an insured event;
- In the event of an insured event specified in the property insurance agreement, the insurer must provide the citizen with insurance payments. This must be done within the specified time frame. If the insurance company does not comply with the specified requirement, the citizen will be obliged to pay the insured a fine, the amount of which is equal to one percent of the insurance payment. For each day of delay, this amount will increase by 1%;
- Compensate the insured for the expenses incurred by the insured in reducing or preventing damage to the insured property. These funds are provided to a citizen only if this information is specified in the contract;
- Do not disclose information about the insured and his property.
Responsibility of the parties
By signing the insurance contract, the parties to the agreement assume responsibility for the fulfillment of the conditions described in it. Failure to fulfill their obligations entails the imposition of penalties, which are negotiated and indicated by the parties in the content of the property insurance contract.
If the insurance company has not fulfilled its part of the obligations, then the following sanctions are often imposed on:
- Return to the insured of all the funds that he contributed as insurance premiums;
- According to if the insurer violated the terms of the agreement, he is obliged to pay the citizen the interest agreed upon at the conclusion of the property insurance contract.
If violations were committed by the insured, then he must do the following:
- Transfer to the insurer monetary compensation, the amount of which must be agreed and indicated in the property insurance contract upon its conclusion;
- Pay the insurance company interest.
In addition to the above sanctions, the injured party to the property insurance contract has the right to demand payment of a penalty or compensation for losses incurred.
Termination of the property insurance contract
If there are legal grounds, the property insurance contract may be terminated or invalidated unilaterally. Also, termination is possible with the mutual consent of its participants. To cancel a property insurance agreement, you need to have a good reason, which is confirmed by documents.
Legal grounds for cancellation of a property insurance contract:
- The insured has overestimated the market value of the object to be insured;
- The risk of occurrence of insured events that were not specified in the content of the contract has increased;
- If the client intentionally initiates the occurrence of an insured event;
- Incorrect drawing up of an insurance contract;
- If an individual or legal entity that is the insured has not paid the insurance premium within the prescribed period;
- If an event has occurred that is not an insured event for the concluded property insurance contract, but entailed partial or complete liquidation of the insured property. For example, if the object was sunk, and it was insured against fire;
- If the insurance company has ceased operations;
- In the event of the death of the insured.
If the initiator of the cancellation of the property insurance contract is a citizen, then he is obliged to send a written application to the insurer, in which he should indicate his intention to terminate the agreement. In addition, the application must indicate the reason for the cancellation of the property insurance contract and attach documents confirming these grounds to it.
Next, representatives of the insurance company must consider the application and the submitted documents. After that, they make a decision to refuse or agree to pay the money to the insured. In the case of a positive response, the contract of the parties is canceled and the policy terminates. If the contract involves the payment of part of the insurance accruals, the company is obliged to comply with the terms of the agreement. If the answer is negative, the insured person has the right to apply to the court with a statement of claim.
Notice of termination
When applying to the insurer to terminate the property insurance contract, the policyholder must draw up an application. The provisions of the legislation of the Russian Federation do not contain a unified form of the submitted document. For the indicated reason, an application for the cancellation of a property insurance contract is drawn up in a free form.
It should be noted that there are situations when the insurer independently develops and provides forms for these applications. In the indicated case, the insured must contact the employees of the insurance company to obtain the form required to fill out. In other situations, the application must be drawn up personally, subject to certain rules.
An application for cancellation of a property insurance contract must contain the following information:
- To begin with, the name of the insurer company is indicated, as well as its legal address;
- Further, information is indicated on who is submitting the application, namely: surname and name, patronymic, telephone number, address, series and number of the applicant's passport;
- After that, the requirements of the insured are indicated - the cancellation of the property insurance agreement and the payment of insurance premiums. In addition, it is necessary to indicate the details of the agreement that the person wishes to terminate, namely: the date of execution, the terms of the conclusion;
- List of documentation that is attached to the appeal;
- At the end, the date of the application and the signature of the insured is put.
Before drawing up a property insurance contract, a citizen who plans to insure his property should familiarize himself with the rules and nuances of drawing up an agreement. Particular attention should be paid to the conditions under which the company will be obliged to compensate the damage incurred by the insured.
Within the meaning of the property insurance contract, the insurer assumes the obligation to pay the amount when the event occurs. The sample can be downloaded for free.
The concept of property insurance includes a lot of information. The subject of property insurance includes construction objects, apartments, activities related to property. Under the meaning of the transaction, the insurer assumes the obligation to pay a certain amount of money to the insured when the event occurs. Property insurance contract- a unique document with a number of specific features and points. The drafting of this agreement is best entrusted to professional lawyers in this field. The completed sample can be downloaded for free from the link.
Insured property allows a person to be sure that the event of an accident will not greatly affect the continuation of activity or existence. Insurance companies have various property insurance programs for a wide range of people. Almost any objects of the material world and events can be insured today, thanks to a well-developed line of property insurance. The counterparties only have to agree on the main principles of interaction.
Mandatory clauses of a property insurance contract
:- Name, date, place of the transaction;
- Accurate data of subjects;
- Subject of the contract and its technical characteristics;
- Rights, obligations, responsibility;
- Price, terms, final moments;
- Settlement of disputes;
- Signatures of authorized persons, transcript, other details.
The form of the document “Property insurance contract (Document of Golovanov N.M.)” refers to the heading “Property, health, liability insurance contract”. Save the link to the document on social networks or download it to your computer.
property insurance
____________ "___" ___________
___________________________________________________________________,
(name of company)
"___" _____________ of the year, hereinafter referred to as the "Insurer", having __
license N ____ dated "___" _________ _____, issued by _________________
(name of body)
represented by _______________________________________, acting on the basis of
(position, full name)
________________________________________________________________________,
on the one hand, and ____________________________________________________,
________________________________________________________________________,
(name of company)
located __ at: ________________________________________________,
Registered ___________________________________________________________________
(name of the registering authority)
"___" ______________ year for N ___________, Certificate N __________ dated
"___" __________ of the year, hereinafter referred to as the "Insured", represented by
Acting on the basis
(position, full name)
________________________________________________________________________,
(charter, regulations, powers of attorney)
on the other hand (hereinafter, the parties to the agreement are also referred to as
"Parties" and "Party"), have entered into this agreement ("Agreement") on
as follows:
1. The Subject of the Agreement
The subject of the Agreement is the insurance of the property of the Insured,
listed in Appendix No. 1 to this Agreement. Insurance
carried out in accordance with the "Property Insurance Rules
_______________________________________________________________________",
(name of the Insurer)
referred to below as the "Insurance Rules". Property to be insured
is located in _____________________________ of the Insured, is used in
(property, ownership)
accordance with its intended purpose and is located at: _________
2. Insurance liability
2.1. The Insurer, in accordance with this Agreement and the Rules
insurance, bears insurance liability upon the occurrence of the following
insured events:
Fire, explosion, flooding, theft, natural disasters,
illegal actions of third parties, including actions of employees
(personnel) of the Insured, at which more than ____% exits
property damage as a result of unintentional violation by personnel
The policyholder of operating instructions (on the basis of the drawn up act
investigation of the circumstances of the incident by the Commission of the Policyholder and
insurer).
2.2. The Insurer shall be liable under the Insurance Contract for
the amount of direct actual damage, but not higher than specified in clause ____
of this Contract of the sum insured.
2.3. In case of payment of insurance indemnity, the Insurer continues
bear insurance liability under the Contract until the end of its validity in
within the limits of the difference between the sum insured stipulated by this
Contract, and the amount of insurance payments made.
2.4. This Agreement establishes a maximum amount
damage, which is covered by the Insured himself and amounts to: ___% of
sum insured.
Losses are subject to reimbursement by the Insurer only in case of exceeding
this amount.
3. Obligations of the parties
3.1. The insured is obliged:
Pay the insurance premium to the Insurer in the amount and in the manner
provided for by this Agreement;
When concluding the Contract, inform the Insurer of all the
him information characterizing the circumstances necessary for the assessment
insurance risks;
Notify the Insurer of all concluded or concluded
insurance contracts in relation to the given object of insurance;
Take all precautions to prevent
occurrence of damage and/or increase in the degree of risk;
Follow the instructions for storage, operation, maintenance
object of insurance, as well as to use this object only for direct
appointment;
If the conditions affecting the degree of risk change, on ____ day
deadline to notify the Insurer about it in writing for
termination or renewal of this Agreement;
Immediately notify the Insurer of the location
lost insured property, if the latter is found.
3.2. In the event of an insured event, the Policyholder is obliged to:
Take reasonable and affordable measures under the circumstances
to reduce possible losses;
Immediately after receiving information about the damage that has occurred
due to an insured event, report to the competent authorities (security authorities
law enforcement, fire department, etc.) and within ___
business days to notify the Insurer thereof;
Submit a written application for the payment of insurance indemnity with
indication of the circumstances of the insured event, the amount of damage and the amount
insurance compensation;
Provide the Insurer with all the necessary information about the
damage, as well as documents to establish (confirm) the fact
insured event and determination of the amount of damage;
in the form in which it appeared after the insured event. Change
loss pattern can be produced in case it is dictated
security or damage mitigation considerations;
Provide the Insurer with the opportunity to inspect or
examination of the insured property, investigation into the causes
and the amount of loss.
3.3. The insurer shall not be liable in case of failure to comply
The insured of any of the obligations listed in clause 3.2
Agreement.
3.4. The insurer after receiving an application for payment of insurance
compensation must:
Provide inspection of the insurance object, for which within _____
business days, excluding weekends and holidays, send your
representative at the place and at the time agreed with the Insured;
Together with the Insured draw up an act on the insured event in
within ______ days after receipt of the Insured's application;
Prepare a loss estimate and determine the amount of insurance
reimbursement;
If necessary, send a request to the competent authorities for
submission of relevant documents and information confirming
the fact and cause of the insured event. In case the competent
authorities have materials that give grounds for the Insurer to refuse to
payment of the insurance indemnity, the Insurer has the right to defer the payment
until all circumstances are clarified;
Make payment of insurance compensation or justifiably refuse
4. Payment of insurance compensation
4.1. Losses are determined by the Insurer based on the sum insured and
degree of damage to property in accordance with the Rules of insurance.
4.2. The insurer pays the insurance indemnity to the policyholder or
refuses to pay it on the basis of the Insurance Rules.
4.3. Payments of insurance compensation are made within ___ days
after receiving a written application from the Insured, drawn up by an expert
The insurer's act and receipt from the competent authorities of documents on the reason
insured event.
The day of payment is the day the money is debited from the current account
Insurer.
4.4. Insurance indemnity is not paid due to intentional
actions of the Insured's employees aimed at the occurrence of insurance
5. Payment procedure
5.1. Basic information about the property is shown in the table - Appendix
No. 2 to this Agreement.
5.2. The value of the property is Rs.
5.3. The total sum insured under the Policy is ______________
5.4. The insurance rate under this Agreement is ______% of
sum insured.
5.5. The total insurance premium under the contract is _____________
5.6. The insured pays the insurance premium through
non-cash payment until ______ year.
6. Duration of the contract
6.1. Insurance liability under this Contract comes from
the date of payment of the insurance premium or its first part and is valid for
________________________________________________________________________.
6.2. Within ______ days from the date of payment of the contribution or its first
parts by bank transfer The Insurer issues the Policy to the Policyholder,
certifying the entry into force of this Agreement.
6.3. In case of loss of the policy, the Insurer, on the basis of a written
application of the Insured issues a duplicate of the policy, after which the lost
the policy is considered invalid and payments on it are not made.
6.4. The procedure for terminating this Agreement (including
including early), the rights and obligations of the Parties not mentioned in this
the Contract are determined by the Insurance Rules.
7. Procedure for resolving disputes
Disputes that may arise between the Parties under this Agreement,
permitted in accordance with the Rules of insurance and the requirements
current legislation.
8. Special conditions
____________________________________________________________________
________________________________________________________________________.
9. Final provisions
9.1. All changes and additions to this Agreement are made in
in the form of additional agreements in writing and signed
authorized persons. Additional agreements are inalienable
part of the Agreement.
9.2. This Agreement is made in two copies, having
equal legal force; one copy for each of the Parties.
The signing of this Agreement by the Insured means that he is familiar with
and agree with the Rules of insurance.
9.3. In the event of a change in the legal address, current account or
the servicing bank, the Parties are obliged to notify about this within ____ days
each other.
10. Addresses and bank details of the parties
Insurer:
Policyholder:
Postal address and postal code: ___________________________________________
Telephone __________, teletype _________________, fax _______________
Settlement account N _________ in the bank _________________________________
Correspondent account: _______________________, BIC _______________
TIN _________________________________________________________________.
Attached to this Agreement are:
Appendix N 1 __________________________________________________________;
Appendix N 2 __________________________________________________________.
Signatures of the parties:
Insurer: __________________________________________________ L.P.
Policyholder: ________________________________________________ L.P.
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Attached file:
Property insurance contract 2018 sample form download
Treaty
property insurance
______ "__" _______ 20___
_______________ (name of the insurance company), license no. ______, hereinafter referred to as the "Insurer", represented by ________, (position, full name) acting on the basis of (charter, regulation) _________, on the one hand, and _________ (full name of a citizen, name of the organization ), represented by __________ (position, full name), acting on the basis of _______ (charter, regulation, power of attorney), hereinafter referred to as the "Insurant", on the other hand, have concluded this agreement as follows:
- Subject of the contract
1.1. According to this contract, the Insurer undertakes, upon the occurrence of one of the insured events stipulated in the contract, resulting in loss, destruction, shortage or damage to the property specified in the contract, hereinafter referred to as the "Insured Property", to pay to the person specified in the contract and hereinafter referred to as the "Beneficiary", specified in insurance indemnity within the limits specified in paragraph 1.2 of the amount (sum insured), and the Insured undertakes to pay an insurance premium in the amount of ___________ in the manner and within the time specified in the contract.
1.2. The object of insurance is the following Insured
property:_____________________________________
1.3. The beneficiary is _________________.
- Rights and obligations of the parties
2.1. The following events are recognized as insured events under this contract:
a) fire (accidental occurrence and spread of fire on an object, inside an object or from object to object), lightning strike, gas explosion;
b) collapse, landslide, storm, whirlwind, hurricane, hail, downpour, flood, tsunami, mudflow;
c) the fall of flying objects or their debris and other objects;
d) explosion of boilers, fuel storages and fuel lines, machines, devices;
e) accidents in plumbing, heating and sewerage systems;
f) collision, collision, impact, fall, overturning;
g) outflow of groundwater, subsidence and subsidence of soil, duration of rains and heavy snowfall unusual for the area;
h) penetration of water from adjacent foreign premises;
i) unintentional glass breakage;
j) burglary, robbery, robbery.
2.2. The events provided for in clause 2.1 of this contract are not recognized as insured events if they occur:
a) as a result of the Insured or the Beneficiary committing an intentional act (action or inaction) that caused the occurrence of an insured event;
b) as a result of the Policyholder or the Beneficiary driving a vehicle under the influence of alcohol, drugs or toxic substances or transferring control to a person who is under the influence of alcohol, drugs or toxic substances, or to a person who does not have the right to drive this vehicle;
c) as a result of the impact of a nuclear explosion, radiation or radioactive contamination;
d) as a result of military actions, as well as maneuvers or other military measures;
e) as a result of civil war, civil unrest or strikes.
2.3. In the event of an insured event that resulted in the death, loss, shortage or damage to the insured property, the Insurer is obliged to pay the Beneficiary the insurance indemnity within _________ after receiving and compiling all the necessary documents specified in this contract.
2.4. The insurance indemnity is paid in the amount of the part of the losses incurred by the Beneficiary, equal to the ratio of the sum insured to the insured value. The insurance indemnity cannot be more
insurance value. Losses mean real damage, i.e. expenses that the Beneficiary has made or will have to make to acquire or restore the lost, lost or damaged insured property.
2.5. In the event of the death of the Beneficiary (if the Beneficiary is an individual) who did not manage to receive the insurance indemnity due to him, the payment is made to his heirs.
2.6. The insurer is obliged within ______ days from the date of conclusion of the contract to issue an insurance policy to the Insured and the Beneficiary.
2.7. In case of loss during the validity period of this agreement of the insurance policy by the persons specified in clause 2.6, they are issued a duplicate of the policy on the basis of a written application. After issuing a duplicate, the lost policy is considered invalid, and insurance payments on it are not made. In case of repeated loss of the policy during the term of the contract by the persons specified in clause 2.6, they pay the Insurer a sum of money in the amount of the cost of producing the policy.
2.8. The insurance premium is paid by the Insured in installments in the order of ______ (cash, non-cash) settlement. The premium is paid monthly no later than the ______ day of each month for ___ months in equal installments on __________. The policyholder may, at any time, pay the remainder of the premium or contribute monies against subsequent premium periods.
2.9. If an insured event occurred before the payment of the next insurance premium, the payment of which is overdue, the Insurer has the right to deduct the amount of the overdue insurance premium, the penalty and interest for delay established by paragraphs. 4.3 and 4.4 of this agreement.
2.10. The Policyholder has the right to receive information from the Insurer regarding its financial stability and which is not a commercial secret.
2.11. The Policyholder and the Beneficiary are obliged to immediately notify the Insurer of the circumstances that become known to them, changing the degree of risk of an insured event (change
the owner of the property as a result of alienation, leasing, storage, collateral, change of location, refurbishment, etc.).
2.12. The Policyholder and the Beneficiary, within _______ after they became or should have become aware of the occurrence of an insured event, are obliged to notify the Insurer of its occurrence.
2.13. Failure to fulfill the obligation stipulated by clause 2.12 of this contract gives the Insurer the right to refuse to pay the relevant part of the insurance indemnity if the Insurer did not know and should not have known about the occurrence of an insured event and the lack of information from the Insurer did not allow him to take real measures to reduce losses.
2.14. The Policyholder and the Beneficiary are obliged to comply with the established rules for the operation of the insured property and ensure its safety.
2.15. Upon the occurrence of an insured event, the Policyholder and the Beneficiary are obliged to take reasonable and available measures in the circumstances to reduce possible losses, including reporting to the competent authorities (police, state supervision, emergency services, etc.) about insured events. When taking such measures, the Policyholder and the Beneficiary must follow the instructions of the Insurer, if they have been informed of them.
2.16. The Insurer shall be released from payment of insurance indemnity in whole or in part if the indemnified losses have arisen due to the fact that the Insured or the Beneficiary deliberately failed to take reasonable and accessible measures provided for in paragraphs. 2.14 and 2.15 to reduce possible damage.
2.17. The expenses provided for in clause 2.15 in order to reduce losses, necessary or incurred to fulfill the instructions of the Insurer, must be reimbursed by the Insurer in proportion to the ratio of the sum insured to the insured value, regardless of the fact that, together with compensation for other losses, they may exceed the sum insured. Such expenses shall be reimbursed even if the corresponding measures have been unsuccessful.
2.18. The Insurer that has paid the insurance indemnity shall, within the limits of the amount paid, have the right to claim that the Insured or the Beneficiary has against the person responsible for the losses indemnified by the Insurer.
2.19. The Policyholder and the Beneficiary shall be obliged to transfer to the Insurer all documents and other evidence and to inform him of all the information necessary for the Insurer to exercise the right to claim against the person responsible for the losses.
2.20. If the Policyholder or the Beneficiary have exercised their right to claim against the person responsible for the losses indemnified by the Insurer, have waived this right or the exercise of this right has become impossible due to the fault of the Policyholder or the Beneficiary, the Insurer shall be released from payment of the insurance indemnity in full or in the relevant part and shall have the right to demand a return in excess reimbursement paid.
2.21. The Beneficiary and his heirs have the right to make the same claims against the Insurer as the Insured.
2.22. Upon presentation by the Beneficiary, and also (if the Beneficiary is an individual) by his heirs of claims for the payment of insurance compensation, the Insurer shall have the right to demand from them the fulfillment of obligations under the contract that lie on the Insured, but not fulfilled by him. The risk of consequences of non-fulfillment or untimely fulfillment of obligations shall be borne by the Beneficiary or his heirs. The Insurer is not entitled to force the Beneficiary or his heirs to fulfill the specified obligations of the Insured.
- Terms of payment of the sum insured
3.1. In the event of an insured event provided for in clause 2.1, the Beneficiary shall submit:
b) an application for payment of insurance compensation;
c) an identity document;
d) a document confirming the occurrence of an insured event, or a certified copy thereof;
e) a document confirming the interest of the Beneficiary in the preservation of the insured property.
3.2. In the case when the insurance payment is made to the heirs of the Beneficiary, the heirs represent:
b) identity documents;
c) a document confirming the occurrence of an insured event, or a certified copy thereof;
d) certificate of the registry office or its certified copy of the death of the Beneficiary;
e) a document confirming the interest of the Beneficiary in the preservation of the insured property;
f) documents certifying the entry into inheritance rights.
3.3. Insurance payment is made after drawing up the insurance act. The insurance act is drawn up by the Insurer or a person authorized by him. If necessary, the Insurer shall request information relating to the insured event from the competent authorities, and shall also be entitled to independently determine the causes and circumstances of the insured event. The insurance act must be drawn up no later than ___ after the submission by the Beneficiary or his heirs of the documents provided for in paragraphs. 3.1 and 3.2 of this agreement.
3.4. If, upon the occurrence of an insured event, a criminal case, civil proceedings or proceedings on the imposition of administrative penalties are initiated, the Insurer has the right to postpone the decision on the payment of the amounts due until the relevant decision is made by the competent authorities.
3.5. The Insurer has the right to check any information communicated to it by the Policyholder, the Beneficiary and their heirs, as well as the information that has become known to the Insurer, which is related to this contract. The Policyholder, the Beneficiary and their heirs are obliged to give the Insurer the opportunity to freely verify the information and provide all necessary documents and other evidence.
3.6. The Policyholder, the Beneficiary and their heirs are obliged to keep the damaged property, unless it is contrary to the interests of security and public order, until it is inspected by the Insurer's representative in the form in which it turned out after the insured event.
3.7. In case of violation by the Insured, the Beneficiary and their heirs of the obligations provided for in paragraphs. 3.5 and 3.6 of this agreement, the information provided by them is considered untrue, and the information that they refuse to provide is considered to be true.
- Responsibility of the parties
4.1. The party that has not fulfilled or improperly fulfilled its obligations under this agreement is obliged to compensate the other party for the losses caused by such non-performance.
4.2. For delay in payment of the insurance indemnity, the Insurer shall pay to the recipient of the insurance indemnity a fine in the amount of ___% of the insurance indemnity for each day of delay.
4.3. For delay in making the next insurance premium, the Policyholder shall pay to the Insurer a penalty in the amount of ___% of the amount of the unpaid insurance premium for each day of delay.
4.4. A party for non-payment or late payment of amounts due to the other party under this agreement must pay interest to the other party in the amount of ____% of the amount due for each day of delay.
4.5. The collection of penalties and interest does not relieve the party that violated the contract from the performance of obligations in kind.
4.6. In cases not provided for by this agreement, property liability is determined in accordance with the current legislation of the Russian Federation and the Rules of Insurance.
- Amendment of the contract
5.1. The Policyholder has the right to replace the Beneficiary with another person. The Policyholder is obliged to notify the Insurer in writing about the replacement of the Beneficiary. The beneficiary cannot be replaced by another person after he has fulfilled any of the obligations under this contract or has submitted a claim to the Insurer for the payment of the sum insured in accordance with clause 2.21 of the contract.
5.2. In the event of reorganization of the Insured (if the Insured is a legal entity), his rights and obligations under this contract may be transferred to his successor only with the written consent of the Insurer.
5.3. When the rights to the insured property are transferred from the Beneficiary to another person, the rights and obligations of the Beneficiary under this agreement are transferred to the person to whom the rights to the property have been transferred, subject to a written notification by this person to the Insurer within ____ from the moment of transfer of rights, except for the case provided for in paragraph 7.5 of this agreement.
5.4. The Policyholder, in agreement with the Insurer, has the right to increase the sum insured. In this case, an additional insurance premium is payable in the amount and in the manner prescribed by the agreement of the parties.
5.5. The Policyholder, in agreement with the Insurer, has the right to reduce the sum insured. In this case, the overpaid part of the insurance premium shall be refunded to the Policyholder in proportion to the reduction. If the insurance premium in the new amount is not fully paid, then the parties make changes to the contract regarding the procedure for payment and the amount of regular contributions.
5.6. The insurer, notified of the circumstances specified in clause 2.11 of this contract, has the right to demand a change in the terms of the contract, including the payment of an additional insurance premium in proportion to the increase in the risk of an insured event in accordance with the Insurance Rules. The insurer is not entitled to demand amendments to the contract if the circumstances specified in clause 2.11 of the contract have already disappeared.
5.7. This agreement may also be amended by written agreement of the parties, and in addition, in other cases provided for by law.
5.8. If the Beneficiary or his heirs have filed claims against the Insurer, this contract cannot be changed without the written consent of the persons who filed the claims.
- Contract time
6.1. This agreement is concluded for a period of ______ and comes into force from the moment of signing.
- Termination of the contract
7.1. The insurance contract is terminated if the parties fulfill their obligations under the contract in full. The expiration of the term of the contract does not terminate the obligations of the party if it has not fulfilled them during the term of the contract.
7.2. Obligations under the contract are terminated ahead of schedule in the cases provided for in clause 2.2 of this contract.
7.3. Obligations under the contract are terminated early in the event of the death of the Insured (if the Insured is an individual), liquidation of the Insured (if the Insured is a legal entity) before the occurrence of the insured event.
7.4. Obligations under the contract are terminated early in the event of reorganization of the Insured (if the Insured is a legal entity), if the Insurer has not agreed to the transfer of the rights and obligations of the Insured under this agreement to the successor of the Insured.
7.5. Obligations under this agreement are terminated in the event of a forced seizure of the insured property, when the possibility of such seizure is provided for by law, or in the event of the Beneficiary's refusal of ownership of the insured property.
7.6. Obligations under the contract are terminated ahead of schedule in the event of the loss of the insured property for reasons other than the occurrence of an insured event.
7.7. The Policyholder or the Beneficiary has the right to terminate the contract ahead of schedule with a mandatory written notification of the Insurer no later than ____ days before the date of the proposed termination.
7.8. The Insurer has the right to terminate the contract with the written consent of the Insured by notifying the Insured in writing no later than ____ days before the date of the proposed termination.
7.9. The Insurer has the right to terminate the contract ahead of schedule if the Insured fails to pay the next installment of the insurance premium within ______ after a written warning to the Insured.
7.10. The Insurer has the right to early terminate the contract in case of participation of the Insured, the Beneficiary or their heirs in a completed or incomplete offense aimed at causing losses in the insured property.
7.11. If the Policyholder or the Beneficiary fails to fulfill the obligation provided for in clause 2.11, and also if the Policyholder objects to changing the contract in the case provided for in clause 5.6, the Insurer has the right to terminate the contract by notifying the Policyholder. The insurer is not entitled to demand termination of the contract if the circumstances provided for in clause 2.11 have disappeared before the occurrence of the insured event.
7.12. In case of early termination of the contract, the premium paid to the Insurer shall not be returned to the person who paid it.
7.13. In cases of early termination of the contract for the reasons specified in sub. "a" and "b" of clause 2.2 of this agreement, as well as in the cases provided for in clauses. 7.10 and 7.11 of the contract, the Policyholder shall pay to the Insurer the expenses incurred by the latter in the course of drawing up the insurance act or in the clarification of the circumstances provided for in the above paragraphs.
7.14. Obligations under this agreement are terminated in other cases provided for by law.
7.15. If the Beneficiary or his heirs have made claims against the Insurer, this contract cannot be terminated without the written consent of the persons who made the claims, except
cases where the termination of the contract is caused by illegal actions of the named persons.
7.16. Termination of the agreement does not release the parties from liability for its violation.
- Confidentiality
8.1. The terms of this contract, additional agreements to it and other information received by the Insurer in accordance with the contract are confidential and not subject to disclosure.
- Dispute Resolution
9.1. All disputes and disagreements that may arise between the parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations on the basis of the current
legislation.
9.2. If disputes are not resolved in the process of negotiations, disputes are resolved in court in the manner prescribed by applicable law.
- Additional terms and final provisions
10.1. Additional terms under this agreement: ______________
10.2. Any changes and additions to this agreement are valid, provided that they are made in writing and signed by the parties or duly authorized to do so.
representatives of the parties.
10.3. All notices and communications must be in writing.
10.4. In all other respects that are not provided for by this agreement, the parties are guided by the current legislation and the Insurance Rules, on the basis of which the agreement was concluded. The insurance rules are handed over by the Insurer to the Insured and the Beneficiary, about which a note is made in the contract, certified by the signatures of these persons.
BIC:____________________
Beneficiary
Legal address:________________________________
Mailing address:_______________________________
TIN/KPP:______________________________
Phone fax:____________________
Checking account:______________________________
Name of the bank:______________________________
Correspondent account:______________________________
Currently, many citizens resort to property insurance. Most often, this concerns the acquisition of a mandatory civil liability policy. But there are also various other cases. So what is a property insurance contract? This is a kind of agreement, which spells out the conditions under which one party undertakes to pay the other party an insurance premium if an insured event occurs.
In this article
Basic concepts of the contract
If we consider the insurance contract, it becomes clear that only the risk of damage and gratuitous loss of specific property is subject to insurance. And in the event of an insured event, the payment of compensation will be made within the amount determined by the contract.
As for the subject of the contract, it is the obligation of the insured to pay the sum insured, as well as the obligation of the insurer to cover the amount of insurance compensation if one of the insured events specified in the contract occurs.
Such an agreement will enter into force only after the first installment on it is made. This agreement can only be paid, since the relationship between the parties is formalized only in monetary terms.
As a rule, the document is issued in a bilateral manner. But there are times when it is drawn up in favor of third parties. In this case, the beneficiary is a third party under the contract. It can be both a legal entity and an individual. And the agreement itself is always concluded directly between the insurer and the insured.
In the role of the insurer, only a legal entity always acts. He also provides services to the applicant who applied to him. The insured, being the initiator of legal relations, chooses for himself the most convenient insurance company, with which he establishes monetary relations, signed by an agreement.
The property insurance contract is voluntary, but at the same time, it must be drawn up only in writing. When the contract is concluded, the policyholder receives a certificate, which is the guarantor of compliance by the parties to the agreement with all its conditions.
The document must give a complete description of the object of insurance. These usually include:
- vehicles;
- residential and non-residential buildings;
- buildings for economic purposes;
- any items for personal use, such as jewelry;
- plots of land and so on.
What definitions will be in the contract and what meaning do they carry?
- Sum insured. This is the money that is prescribed in the contract, and within which, the insurance company undertakes to pay insurance compensation.
- Insurance case. This is the occurrence of a specific event, which was prescribed under the contract, or is regulated by law. And at the time of its commission, the insurer is obliged to reimburse the insurance payment to the insured, or to the beneficiary. It will depend on what is written in the document.
- Insurance premium. This amount of money is the expenses of the applicant. At the time of the conclusion of the contract, it is he who must pay the premium for the insurance of the selected company.
- Insurance payment. Financial means, which are determined by the terms of the agreement, and must be paid by the insurance company for causing damage to those property items that were insured by the insured. It is paid after the occurrence of an insured event, if any. And both the policyholder himself and third parties can receive it, depending on what exactly is written in the document.
Essential conditions for property insurance
As for the essential terms of the property insurance contract, they include those without which it simply will not make sense.
What must be included in the contract?
- Subject of the agreement. This clause of the contract provides for a description of the object of insurance with all its characteristics. For example, when a land plot is subject to insurance, the completed document must have information about its exact address, cadastral number, the size of the plot itself, and also what type of purpose it belongs to. As well as other significant individual characteristics.
- The period for which the agreement is concluded. This is also a mandatory clause, which provides for the period of time when, in the event of an insured event, the insured person will receive compensation.
- The amount of the insurance premium. This moment is immediately negotiated with the insurance company, and if the applicant is satisfied with the amount of the contribution, then the document is further filled out.
- Occurrence of an insured event. Those aspects, upon the occurrence of which an insured event occurs, are verified. And then the insurer will pay compensation to the applicant. Also, certain points of this paragraph are regulated on a legislative basis (Article 10, paragraph 3 "On the organization of insurance business in the Russian Federation").
- Other conditions, the observance of which is important for at least one of the parties, which means that it is necessary to reach consensus on them. And add them to the paragraphs of the document.
This agreement is regulated by article 432, paragraph 1 of the Civil Code of the Russian Federation. And the sample insurance contract itself is regulated by Chapter 48 of the Civil Code of the Russian Federation, as well as other regulations.
It is important to understand that only the property interests of the applicant can act as the subject of the contract.
Although the insurance itself, which has a material basis, may be associated with:
- with individual insurance;
- with the possession of property, or its disposal and use;
- Individual liability can also be insured.
Insurance contract and its classification
Insurance agreements may be different, depending on the item to be insured. So the split might look like:
- depending on what is the object of insurance: a plot of land, an apartment, personal property values;
- depending on the type of insured event: property interests can be insured against fire, flood, other natural disasters, damage and damage, theft and other options;
- depending on the beneficiary upon the occurrence of an insured event, both the insured himself and third parties can act as such.
On the official website of the selected insurance company, you can find samples of contract forms. The two main sections that the document will contain are:
- description of the insurance object;
- insurance rules.
In addition to the document itself, as a rule, accompanying papers are also attached to it. These include:
Rights and obligations of the parties at the conclusion of the contract
Obligations of the insurance company:
- full familiarization of the applicant with all the conditions of insurance;
- if an insured event occurs, then as soon as possible prepare all the documentation for reimbursement of monetary compensation to the insured;
- ensure full payment of compensation to the insured person, and cover all his expenses.
In this case, the insurer will also have the right not to pay the amount of insurance, if there are good reasons for that. For example, the occurrence of an insured event is associated with the unlawful actions of the applicant himself.
Obligations of the insured:
- pay insurance premiums within the specified period;
- when drawing up the document, provide reliable information regarding the subject that is insured;
- promptly inform the insurance company about the occurrence of an insured event.
In addition, the applicant has the right to double insurance, that is, the conclusion of an agreement with several companies. He can also refuse the services of this company and cooperate with another company. And in the event of an insured event specified in the agreement, he must, without fail, receive monetary compensation for the losses incurred.
Outcome
It should be understood that only the object in the direction of which there is a material interest can be insured. Otherwise, this document simply will not make sense. That is, upon the occurrence of certain moments, the insured will incur losses regarding his property. In such a case, the insurance company is to cover such losses.
