Property insurance. You decide! What is property insurance, how and where can you get insurance? Property insurance for citizens What is property insurance

General principles of property insurance

The essence of property insurance

Property insurance is a system of relations between the policyholder and the insurer for the provision of insurance services by the latter, when the protection of property interests is associated with the ownership, use or disposal of property. The economic purpose of property insurance is to compensate for damage resulting from insured event.

• risk of loss (destruction), shortage or damage to certain property (Article 930);
• 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, 932);
• 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 failure to receive expected income - business risk (Article 929).

Specific insured events are specified in the insurance contract. Character insurance risk is established by agreement between the policyholder and the insurer.

• the full cost of property damaged or lost as a result of an insured event or the cost of restoring damaged property;
• income (or part of it) that is not received by the policyholder due to damage or loss of property as a result of an insured event.

Insurance compensation represents partial compensation for loss. Insurance compensation cannot exceed the amount of damage to the insured property of the policyholder or a third party, unless the insurance contract provides for the payment of insurance compensation in a certain amount.

The basis for the insurer's obligations to pay insurance compensation is the presence of certain economic and legal consequences of damage, destruction or loss of the insured's property, i.e. the presence of a loss.

Sum insured - determined by the insurance contract or established by law sum of money, which is insured material values. Within the limits of the insured amount, the insurer is obliged to make a payment upon the occurrence of an insured event. Limit size The insured amount is established by law: it cannot exceed the actual (insurable) value of the property at the time of conclusion of the contract. The insured amount must not exceed the insured value of the insurance object.

When insuring property, the insured amount is determined and stipulated in the insurance contract.

If the insured amount corresponds to the insured value, then the property is considered fully insured and losses are compensated in full. If the insured amount is less than the insured value, then the insurance compensation is paid within the limits of the insured amount.

• replacement cost, i.e. the amount required to purchase or manufacture a new object of similar type and quality;
• actual (residual) value, i.e. replacement cost minus the cost of wear and tear;
• market value, i.e. the sale price of the object.

The insured value of goods, raw materials, supplies, finished products determined based on the amount required to purchase them.

If the insured amount is higher than the insured value, then the insurer must demand an immediate reduction of the insured amount to the insured value with a corresponding proportional reduction in the insurance premium. By force of law, an insurance contract is recognized as invalid in that part of the insured amount that exceeds the actual value of the property at the time of conclusion of the contract. In this case, the excess paid part of the insurance premium is not refundable.

If it turns out that the overstatement of the insured amount is a consequence of deception on the part of the insured, then the insurer has the right to demand recognition of the contract as invalid and compensation for losses caused to it in an amount exceeding the amount of the insurance premium received by it.

Insurance compensation- amount of payment from insurance fund to cover damage in property insurance and in civil liability insurance of the insured for material damage to third parties. Insurance compensation may be equal to or less than the insured amount, based on the specific circumstances of the insured event and the terms of the insurance contract.

The basis for payment of insurance compensation is the adjuster’s conclusion on the fact and circumstances of the insured event.

Adjuster- an individual or legal entity representing the interests of the insurance company in resolving issues related to the settlement of the stated claims of the policyholder in connection with the insured event. The adjuster seeks to reach an agreement with the policyholder on the amount of insurance compensation to be paid, based on the insurer's obligations under the insurance contract concluded by him.

• whether there was an insured event;
• involvement of the policyholder in the occurrence of the insured event;
• nature and extent of damage;
• reasons and conditions for the occurrence of an insured event;
• the presence or absence of circumstances that determine claim or objections of the parties.

There are four ways to recover damages: monetary compensation, repair, replacement, restoration.

The text of the contract usually gives the insurer the right to choose one or another form of compensation. Most often used monetary form. It is advantageous to use “natural” forms of damage compensation in such types of insurance as glass, car, and real estate insurance.

To receive insurance compensation, the client must submit his claim for the insured event within the prescribed period and according to in the prescribed form. The insured event must be documented. For this you need documents from competent authorities(conclusion of State Fire Supervision, Technical Supervision, relevant emergency service, expert opinion, resolution to initiate a criminal case, court decision or verdict, etc.). The documents confirm the existence of an insured event, the reasons for its occurrence and the person at fault. The responsibility for providing documents rests with the policyholder.

• the claim relates to the time of insurance coverage;
• the claimant is a valid policyholder;
• the event is insured under the contract;
• the policyholder has taken all reasonable measures to reduce the damage and there is no intent in the insured event;
• all completed additional conditions contracts;
• none of the exclusions of insurance coverage established by the contract are applicable to this insured event;
• the value attributed to the loss is plausible.

The basis for determining the amount of insurance compensation is the actual value of the insured property on the date of the insured event. The insured amount for each insured object is compared with its actual value; in case of discrepancy, the principle of proportionality is used.

• in case of complete destruction or loss of all insured property - in an amount equal to the actual value of the lost property on the day of the insured event minus the value of the remaining remains suitable for use, but not higher than the insured amount;
• in case of damage to the insured property - in the amount of the cost of restoration (repair) in prices valid on the day of the insured event, within the limits of the insured amount.

Complete loss of property occurs if restoration costs exceed the actual value of the insurance object immediately before the occurrence of the insured event.

Restoration and repair costs do not include costs associated with changes, improvements, modernization or reconstruction of the insured property, auxiliary or preventive repairs, as well as other costs not related to the insured event.

Double insurance- this is an option for repeated insurance with several insurers of the same interest against the same risks, when the total insured amount exceeds the insured value of the object. The total amount of insurance compensation cannot exceed the amount of loss incurred by the policyholder, regardless of the number of policies purchased. There is a difference between the concepts of multiple and double insurance. Repeated, or additional, insurance occurs if the same interest is insured against the same danger during the same period in several insurance companies and the total insured amount for all contracts does not exceed the insured value of the object. Repeated insurance is not prohibited by law.

If the fact of double insurance was discovered before the occurrence of the insured event, the total insured amount under the contracts must be brought into compliance and not exceed the insured value. In this case, the policyholder may demand that the insured amount of the contract, which was concluded later, be reduced with a corresponding reduction in the insurance premium. Part of the insurance premium paid in excess is not refundable.

If the fact of double insurance is discovered after the occurrence of an insured event, the insurance is insignificant to the extent of the total insured amount that exceeds the insured value. Insurers are obliged to pay the policyholder insurance compensation, the total amount of which should not exceed the amount of damage. The amount of insurance compensation payable by each insurer is reduced in proportion to the decrease in the original insurance amount under the contract.

The insurance rules state that the policyholder is obliged to inform the insurer about all insurance contracts concluded in relation to the insured property with other insurance companies. The policyholder answers this question in the insurance application.

This provision may be included in the text of the insurance contract. Additionally, it is indicated that if the fact of double insurance is discovered, the insurance company is released from the obligation to pay insurance compensation under this agreement.

In the Russian Federation, in the presence of double insurance, insurers are liable within the insured value of the insured interest and each of them is responsible in proportion to the insured amount under the concluded insurance contract.

Insurance liability systems

The amount, conditions and method of insurance compensation for losses in property insurance depend on the insurance liability system.

Insurance liability system determines the relationship between the insured amount of the insured property and the actual loss, i.e., the degree of compensation for the resulting damage.

The following insurance liability systems are used:

1. actual value system;
2. proportional liability system;
3. first risk system;
4. fractional part system;
5. replacement cost system;
6. system of ultimate responsibility.

1. When insurance based on the actual value of property the amount of insurance compensation is determined as the actual value of the property on the day the contract is concluded.

Insurance compensation is equal to the amount of damage. Here full interest is insured.

Example. The cost of the insurance object is 5 million rubles. As a result of the fire, property was lost, i.e. the loss of the policyholder amounted to 5 million rubles. The amount of insurance compensation also amounted to 5 million rubles.

2. Proportional liability insurance means incomplete insurance of the value of the object.

The amount of insurance compensation under this system is determined by the formula

• SV - amount of insurance compensation, rub.;
• СС - insurance amount under the contract, rub.;
• СО - valuation of the insurance object, rub.

Example. The cost of the insurance object is 10 million rubles, the insured amount is 5 million rubles. The policyholder's loss as a result of damage to the object is 4 million rubles. The amount of insurance compensation will be: 5*4/10 = 2 million rubles.

With insurance under the proportional liability system, the policyholder's participation in compensation for damage is manifested, i.e., the policyholder takes part of the risk upon himself. The greater the indemnity at the risk of the insured, the lower the degree of insurance compensation. In other words, partial interest is insured here.

3. First risk insurance provides for the payment of insurance compensation in the amount of damage, but within the limits of the insured amount. According to this system, all damage within the insured amount (first risk) is fully compensated.

Damage in excess of the insured amount (second risk) is not indemnified.

Example. The car is insured under the first risk system in the amount of 50 million rubles. The damage caused to the car as a result of the accident amounted to 30 million rubles. Insurance compensation is paid in the amount of 30 million rubles.

Example. The property is insured under the first risk system in the amount of 40 million rubles. Insurance compensation is paid in the amount
40 million rubles

4. When insurance according to the fractional part system Two insurance amounts are established:

• sum insured;
• show value.

At the exemplary value, the policyholder usually receives risk coverage expressed as a fraction or percentage. The insurer's liability is limited to the size of the fractional part, so the insured amount will be less than its apparent value. Insurance compensation is equal to the damage, but cannot be higher than the insured amount.

In the case where the apparent value is equal to the actual value of the object, insurance according to the fractional part system corresponds to insurance of the first risk.

If the apparent value is less than the actual value, the insurance compensation is calculated according to the formula

• SV - insurance compensation, rub.;
• P—show value, rub.;
• Y—actual amount of damage, rub.;
• CO - valuation of the insurance object, rub.

Example. The cost of the insured property is shown in the amount of 4 million rubles, the actual value is 6 million rubles. As a result of the theft, the damage amounted to 5 million rubles. Insurance compensation is paid in the amount of 3.3 million rubles.

5. Replacement cost insurance means that the insurance compensation for the object is equal to the price of new property of the corresponding type. Depreciation of property is not taken into account.

Insurance at replacement cost corresponds to the principle of completeness of insurance protection.

6. Limit liability insurance means that there is a certain limit on the amount of insurance compensation. Under this security system, the amount of damages compensated is determined as the difference between a predetermined limit and achieved level income. Limit liability insurance is typically used for large risk insurance as well as income insurance. If, as a result of an insured event, the policyholder's income level is less than the established limit, then the difference between the limit and the actual income received is subject to compensation.

• crop insurance contracts are concluded for a period of at least 5 years;
• the insured value is determined annually based on the sown area, the yield that has developed over the previous 5 years, and the projected market price agricultural crops for the corresponding year, and the insured amount - in the amount of 70% of the insured value;
• insurance premium rates for agricultural crop insurance are set for 5 years, taking into account the prevailing fluctuations in agricultural yields from year to year depending on weather and other natural conditions;
• the amount of excess of insurance premiums over the amount of insurance compensation for the secured state support insurance of agricultural crops (including the costs of conducting the insurance business) remain entirely at the disposal of the insurers and are used only to pay insurance compensation to agricultural producers in subsequent years if the current year’s payments are not enough.

When indemnifying crop losses, it is considered that crop losses in the amount of 30% (i.e., over 70%) are not related to the insured event, but are a violation of the production technology by the insured.

Example. The average cost of a carrot harvest in comparable prices was 320 thousand rubles. from 1 ha. Actual yield - 290 thousand rubles. Damage is compensated at the rate of 70%. Let's calculate the loss from the harvest: 320 - 290 = 30 thousand rubles. Hence the amount of insurance compensation is 21 thousand rubles. from 1 ha.

The insurance contract may include various clauses and conditions, which are called clause(Latin clausula - conclusion). One of them is.

Citizens' property insurance

Insurance conditions combine in one policy the risks of fire, theft, natural disasters, accidents, water penetration from other premises, intentional unlawful actions of third parties and others leading to death or partial loss of property. Such insurance contracts are subject to standard exclusions from insurance coverage that are common to all types of property insurance.

Insurance rates are calculated for each risk separately, then the overall tariff rate is calculated in relation to the “all risks” conditions, valid during the term of the contract.

Highlight three groups of insurance objects, into which the property of citizens is divided: buildings; apartments owned by citizens by right private property; household property. Insurers can be owners of houses, apartments and auxiliary buildings, responsible tenants, tenants and renters of residential premises.

The insurable value of a structure is determined on the basis of its replacement cost at current prices, taking into account the amount of wear and tear. Price privatized apartment calculated at the full replacement cost, calculated on the basis of its total area and the prevailing average cost in this region square meter area.

Household property in insurance is considered to be household furnishings, household items and consumer items intended for use in personal farming in order to satisfy everyday and cultural needs, as well as elements of decoration and equipment of apartments.

There are two options for this type of insurance:

• under a special agreement The following is accepted for insurance: valuable and expensive property; collections, paintings, antiques; spare parts, parts and accessories for vehicles;
• By general agreement , in which all types of household property are insured, with the exception of what is drawn up in a special contract, as well as elements of decoration and equipment of the home.

The insured amounts are established on the basis of the actual value of the property at the time of conclusion of the contract as a result of an agreement between the parties.

• the contract must indicate the address or territory in which the object is considered insured;
• residential premises insurance contracts are concluded for a period of one year, household property can be insured for a period from one month to three years;
• the insured amount during the validity of the insurance contract can be adjusted at the request of the policyholder, taking into account the level of inflation (increase in the insured amount or determination of the insured amount in dollar terms, subject to payment of compensation in ruble equivalent);
• policyholders are offered a system of discounts and benefits, which can be combined into three main groups: discounts for break-even insurance, benefits for continuous insurance, discounts for certain categories of clients (pensioners, disabled people, etc.) (Appendix 1).

Property insurance for legal entities

• buildings, structures, unfinished objects capital construction, vehicles, machinery, equipment, inventory, inventory and other property belonging to enterprises and organizations (main insurance contract);
• property accepted by organizations for commission, storage, processing, repair, transportation, etc. (additional insurance contract);
• farm animals, fur-bearing animals, rabbits, poultry and bee families;
• harvest of agricultural crops (except for natural hayfields).

The main contract applies to property owned by the policyholder (except for animals and crops). By additional agreement The property accepted by the policyholder from other organizations and the population and specified in the insurance application is subject to insurance.

An additional insurance contract can be concluded only if there is a main contract, which is why it is called additional. Its validity period does not exceed the term of the main one.

Commercial timber, firewood at cutting sites and during rafting, sea and fishing vessels while on routes of communication, documents, drawings, cash and securities are not insured.

An insurance contract for property owned by an enterprise can be concluded at its full value or at a certain share (percentage) of this value, but not less than 50% book value property.

The insurance contract for buildings is concluded at a cost not lower than the outstanding balance on loans issued for their construction.

• book value, but not higher than the replacement cost on the day of its destruction (for the assessment of fixed assets);
• actual cost at average market, selling prices and prices own production(to evaluate working capital);
• based on the actual costs of material and labor resources incurred at the time of the insured event (to assess construction in progress); at the cost specified in the documents for the acceptance of property (for the assessment of property accepted from other organizations and the population for commission, storage, processing, repair, transportation, etc.).

Property insurance is carried out in case of loss or damage as a result of fire, lightning, explosion, flood, earthquake, subsidence, storm, hurricane, rain, hail, landslide, landslide, groundwater, mudflow and accidents, including means of transport, heating, water supply and sewerage systems, as well as illegal actions of third parties.

In enterprise property insurance, rates are differentiated according to the industry of the insured. Reduced rates from 0.10 to 0.15% are applied if the company insures all of its property, but if only part of the property is insured (selective insurance), then the payment rates increase significantly. Property insurance against burglary (robbery) and vehicles against theft is carried out at a special rate. The most high stakes payments are provided for the insurance of machinery, equipment and other property for the duration of experimental or research work.

For enterprises that insured their property at full cost for 3-5 or more years and did not receive insurance compensation, insurance premiums reduced, applying in an amount corresponding to the duration of the break-even period. Discounts apply to property that meets fire safety requirements set out in regulatory and technical documents.

When insuring property for a period of up to 9 months, payments are calculated for each month in the amount of 10% of annual rate, and for insurance for 10-11 months - in the amount of the annual rate.

Insurance compensation is paid for all lost or damaged property, including property received by the policyholder during the period of validity of the contract, regardless of the location of the property at the time of loss or damage. In the event of loss or damage to the insured property during transportation, insurance compensation is paid in cases where the legislation or the contract of carriage does not establish the carrier’s liability for loss or damage to the cargo.

Insurance compensation is paid for property accepted from other organizations and the population in the event of loss or damage only in places (shops, warehouses, workshops, etc.) specified in the insurance application, as well as during transportation of this property, for except in cases where the carrier is responsible.

The insured is reimbursed for expenses associated with rescuing property, preventing and reducing damage in the event of a natural disaster or accident (moving property to a safe place, pumping out water, etc.), as well as for putting the insured property in order after a natural disaster (cleaning, sorting, drying, etc.).

• buildings, structures, transmission devices, power, working and other machines, vehicles, equipment, fishing vessels, fishing gear, inventory, products, raw materials, materials, perennial plantings;
• farm animals, poultry, rabbits, fur-bearing animals and bee families;
• harvest of agricultural crops (except for hay harvest).

Insured events of fixed and working capital for agricultural purposes are: death or damage as a result of flood, storm, hurricane, rain, hail, collapse, landslide, groundwater, mudflow, lightning strike, earthquake, subsidence, fire, explosion and accidents, and long-term plantings - in case of their death as a result of the disasters listed above, as well as drought, frost, diseases and plant pests. As well as a sudden threat to property, as a result of which it is necessary to disassemble it and move it to a new location. For fishing, transport and other vessels and fishing gear in operation, insured events include death or damage as a result of a storm, hurricane, storm, fog, flood, fire, lightning strike, explosion, accident, ice damage, as well as loss missing or grounded ships due to natural disasters.

The problems of the relationship between a business risk insurance contract and other insurance contracts (property and liability) are explored. The current and controversial issue of the features of the type of insurance under consideration is analyzed.

This article was copied from https://www.site

Magazine pages: 64-67

R.R. Pospelov,

postgraduate student, assistant at the Department of Civil and Business Law, Law School of the Far Eastern Federal University, Russia, Vladivostok [email protected]

The problems of the relationship between a business risk insurance contract and other insurance contracts (property and liability) are explored. The current and controversial issue of the features of the type of insurance under consideration is analyzed.

Key words: business risk, law, insurance business, property, interest, insurance.

According to the Civil Code Russian Federation 1996 (hereinafter - the Civil Code of the Russian Federation) and the Law of the Russian Federation of November 27, 1992 No. 4015-I “On the organization of the insurance business in the Russian Federation” (hereinafter - the Law on the organization of the insurance business) Russian legislation operates three types of property insurance: property, liability, business risk.

The legal division of property insurance indicates the independence of the business risk insurance contract, and, consequently, the corresponding insurance object. However, not all researchers agree with the designated property insurance system.

I.T. Balabanov, L.I. Korchevskaya and K.E. Turbina, L.N. Klochenko and K.I. Pylov distinguishes only property and liability insurance in property insurance, without mentioning the business risk insurance agreement. As an argument, researchers point to the lack of grounds for considering business risk as an independent object of insurance.

What is the reason for such an ambiguous attitude towards entrepreneurial risk? To answer this question, you should refer to the criteria for the legal classification of property insurance.

As N.A. correctly points out. Chigasov, to carry out classification, researchers use different criteria, often even several criteria. The most common point of view is the need to distinguish between insurance sectors depending on the object of insurance and the volume of insurance liability.

As follows from Art. 4 of the Law on the Organization of Insurance Business, the object of insurance is always property interests. At the same time, the category of interest itself seems very vague. Widespread formulations in insurance rules, such as “the property interests of the policyholder associated with…” are subject to insurance under the contract, essentially do not reveal anything. It is important for both the insurer and the policyholder what exactly the policyholder has the right to demand upon the occurrence of an insured event, and what the obligations of the parties are expressed in. In other words, the entrepreneur would like to know more not about abstract categories (the interest to ensure the safety of property), but about the real content of the insurance contract (what the insurance risk is realized, what losses and to what extent are covered by insurance compensation). These are the questions that interest the parties to the insurance legal relationship. Therefore, when analyzing types of insurance, we propose to proceed not simply from the criterion of property interest, but from a combination of the criteria “insurable interest - insured event - insurance compensation”.

We will analyze the types of property insurance in order to identify the features of business risk insurance.

When studying property insurance, first of all you should pay attention to the dual definition of insurable interest in relation to this type of insurance. By virtue of paragraph 2 of Art. 4 of the Law on the Organization of Insurance Business, within the framework of property insurance, “property interests associated with the ownership, use and disposal of property are ensured.” According to paragraph 2 of Art. 929 of the Civil Code of the Russian Federation “insurable interest is the risk of loss (destruction), shortage or damage to certain property.” Noteworthy is the presence in the law of the categories “insurable interest” and “property interest”, which must be distinguished. Property interest, according to the literal interpretation of the rule of law, can be defined as the desire to have and exercise the powers of the property owner. Insurable interest, according to the Civil Code of the Russian Federation, essentially correlates with the risk of disappearance/negative change in the condition of property. From the connection between the two categories under consideration, it follows that the insurable interest is aimed at protecting the rights of the property owner, i.e., at protecting the property interest. Consequently, insurable interest is always secondary (derived) from property interest. This conclusion is supported by the law, since according to paragraph 2 of Art. 920 of the Civil Code of the Russian Federation “a property insurance contract concluded when the policyholder or beneficiary has no interest in preserving the insured property is invalid.” The advisability of distinguishing insurable interest in the legislation in the presence of property interest, in our opinion, is doubtful. The unequal definition of essentially the same interest of the policyholder in the Civil Code of the Russian Federation and special insurance legislation inevitably leads to different contents of the corresponding categories.

In the first case (insurable interest), the policyholder wants to protect himself from obstacles and (or) the inability to exercise our powers in relation to the property and, accordingly, receive coverage for losses caused by such obstacles.

In the second case (property interest), the picture is different: the basis for insurance payment will be the occurrence of losses caused by loss (destruction), shortage or damage to certain property.

It seems that in the first case, losses are defined much more broadly: the property may not be damaged or lost, but it is not possible to exercise certain powers in relation to the property. A striking example is a requirement of a negative nature: a person rents a warehouse, which is entrenched on all sides due to repair work, i.e. access to it is limited. In this case, the warehouse is not damaged. That is, formally the property interest of the warehouse owner is not violated. However, a person cannot sell the goods available in the warehouse, since he is deprived of access (the right to use) to the warehouse. Such a risk can be considered as the risk of not receiving the expected profit.

Thus, depending on the name of the interest and the approach of various legal acts to its content, we can qualify one situation either as the occurrence of an insured event or as its non-occurrence.

In this sense, it would be incorrect to understand property insurance as the insured’s desire to minimize the negative consequences solely of damage and (or) loss of property. On the contrary, the Law on the Organization of Insurance Business allows us to derive, in our opinion, a more practical definition of losses that meets the interests of the insured - any negative consequences caused by the restriction and (or) deprivation of the owner (possessor) of powers in relation to the property are subject to insurance.

The choice of the latter interpretation of property insurance is also supported by the definition of property, which includes not only the actual objects of the material world (things in the proper sense), but also property rights and obligations. In this regard, it would be very incorrect to talk, for example, about a shortage or damage to the right to receive dividends on shares or the exclusive right to a commercial designation.

Liability insurance is also interpreted differently. The Law on the Organization of Insurance deals with the obligation to compensate for damage caused by the insured to other persons. The Civil Code of the Russian Federation tells us in general about the risk of liability of the insured. In practice, in the first case, the policyholder shifts the responsibility to compensate for damage (but not losses) to the insurer. Is this really a case of liability insurance? It seems not. In itself, compensation for harm comes from the fact of its infliction, which is general rule one of the necessary conditions for the emergence of liability. That is, a person can cause harm to a victim innocently or lawfully. Or the tortfeasor does not meet the criteria of tort liability (minor). It is interesting that in all of these cases, damage was caused, which, based on the literal interpretation of the Law on the Organization of Insurance Business, must be compensated. At the same time, these perpetrators of harm do not always meet the conditions for prosecution. And if there is no liability, there are no grounds for paying insurance compensation.

The formulation of liability insurance as a special insurable interest, in contrast to the formulation of interest in property insurance, in the Civil Code of the Russian Federation looks more acceptable. In this case, we should talk about compensation by the insurer for losses caused by the insured wrongfully if there is a cause-and-effect relationship between the offense and the losses. As is known, liability by its legal nature arises as a result of the commission of an offense and has a negative additional nature for the offender. For the purposes of civil legal relations, negative consequences are almost always expressed in practice in the obligation to alienate the property of the offender in favor of the victim (fine, penalty, compensation for moral damage, etc.). Therefore, by insuring liability, a person, in a general sense, minimizes the very possibility of alienation or reduction in the size of his property, which could arise as a result of the unlawful behavior of such a person. The following conclusion is quite legitimate: according to the liability insurance contract, property is also insured in a certain sense.

However, in comparison with liability, property is insured regardless of the legality or illegality of the occurrence of the insured event. The property insured is afraid of the negative consequences of harm that any person may cause to him in connection with encroachments on the rights of the insured in relation to the property. In liability insurance, the situation is mirrored in property insurance: a person does not want to independently bear the obligation to compensate for harm that he himself can cause to an unlimited number of people.

Let us turn to the analysis of business risk. Its definition is complex and ambiguous (the issue of defining the category of business risk is discussed in detail in another work and therefore is not discussed in this article). Under entrepreneurial risk We understand the risk of circumstances arising in business activities that could affect the amount of expected profit. Then the insured event should be recognized as the negative consequences of doing business in the form of the difference between the expected and actually received less profit. At the same time, the risk of an entrepreneur directly affects the amount of profit received. Unlike property insurance, business risk insurance is characterized by the orientation of all activities of the insured towards the systematic receipt of profit. When insuring property, the main interest of the policyholder is to preserve the property in the condition in which it is (i.e., to ensure a static position). For an entrepreneur, this position is not interesting. Its goal is to systematically extract profit from the use of property, i.e., essentially, to increase the size of the property. In other words, if in property insurance something that already exists at the time of concluding an insurance contract is insured, then when insuring business risk we are often talking about ensuring the receipt of property (profit) that does not yet exist, but is potentially obtainable. Is it possible, in this case, to adequately correlate insurance of the possibility of non-receipt of non-existent property and insurance of existing property as an attempt to minimize the negative consequences caused by the restriction and (or) deprivation of the owner (possessor) of powers in relation to the property? It seems not. Nobody restricts an entrepreneur’s rights to the property used in the process of carrying out business activities. On the contrary, he has freedom of action within the limits of the law. Moreover, his right to receive a profit does not correspond to any obligation to provide (ensure) this profit. It is quite possible to speak in this case about the incorrectness of operating with the category “right to profit”. Regarding property insurance in its classical sense, there is no doubt about the ancient legal axiom: the owner of the property has rights in relation to the property to which it corresponds general duty other persons not to violate such rights of the owner.

However, one may not agree with the proposed interpretation of the content of the business risk insurance contract. It is obvious that an entrepreneur still cannot but use property in the process of carrying out business activities: he purchases equipment, has rights to securities, rights of claim, etc. Moreover, he cannot but exercise the powers of the owner of the property. In addition, the amount of profit often depends on the safety and integrity of the property. For example, the destruction of coffee crops will a priori cause a decrease in the volume products sold and, as a consequence, the amount of profit received. Accordingly, while insuring the risk of not receiving the expected profit, we still insure the property.

However, the property in this type of insurance does not always exist at the time the contract is concluded. In our opinion, the peculiarity of this type of insurance lies precisely in this. Indeed, in practice, we as entrepreneurs want to make a profit in the amount in which we want and expect to receive it. Accordingly, our insurance interest is that if for any reason we were unable to obtain the desired profit, then we would like to receive compensation in the form of the difference between the actual and predicted profit. In this case, we are not interested in why we did not receive the desired profit - due to a fire in the warehouse and the destruction of all goods, or because we were unable to deliver the products to the counterparty on time and were forced to pay penalties in favor of the latter. In other words, in this case we are, in principle, abstracted from existing (existing) property, since we are interested in receiving new property in the future. The property interest of the property owner goes beyond its usual boundaries, transforming into an entrepreneurial interest to increase existing property.

Thus, we examined all types of property insurance, starting from and comparing their content with property insurance. Any of the considered types of insurance provides property insurance in a general sense. However, when insuring business risk, property that is uncertain at the time of concluding the contract may be insured, the possibility of which is due to the implementation of business activities.

Such specificity of the insurable interest in the business risk insurance contract does not allow us to agree with proposals to consider business risk insurance as a sub-industry of property insurance.

Otherwise, one could just as easily consider liability insurance as a type of property insurance, which we attempted above. The criteria for dividing insurance into types should not be ease of use, but a combination of doctrinal and practical criteria “insurable interest - insured event - insurance compensation”. According to all these criteria, business risk insurance with its specific interest reasonably occupies an independent position in the insurance system along with property insurance and liability insurance.

Bibliography

1. Klochenko L.N., Pylov K.I. Fundamentals of insurance law: textbook. allowance. - Yaroslavl, 2002.

2. Pospelov R.R. Economic and legal approach to determining business risk // Law and Economics. 2013. No. 10. URL: http://base. garant.ru/57629142/

3. Insurance from A to Z / ed. L.I. Korchevskaya, K.E. Turbina. - M., 1996.

4. Chigasova N.A. General principles and principles of classification in insurance // TISBI Bulletin. 2005. No. 2.

What is property insurance? If you do not have your own property, then you have nothing to fear. But there are very few such people now. Therefore, carefully read how and where you can insure your home contents.
This type of insurance has existed for quite a long time, probably since the times when private property first appeared. Even in the Soviet Union, property insurance was well developed, and now, in the age of private property, the property insurance market is developing rapidly, especially in Russia. There are many, as they say, choose according to your taste and wallet size.

How to insure your property? What movable or immovable property can be insured.

You must understand the concept of property insurance. This is a complex of relationships between the policyholder (you) and the insurer (insurance organization), when the insurance company provides you, its client, with various insurance services, secured by a property insurance contract. If we talk about the material part, the principle of insurance is compensation for damage that you may suffer as a result of the occurrence of an insured event specified in the contract. In other words, you insure various possible incidents that may happen to your property or, as they say, property insurance risks. Risks mean destruction, death, damage or loss of property of citizens resulting from natural disasters (natural disasters - storm, hurricane, tornado, flood, snowfall, etc.), accidents and other unfavorable events. Insurance of household property against theft is considered one of the risks and falls under the definition of an insured event, if it is specified and stipulated in the contract.

There are many other property insurance risks that are not related to theft. In this type of insurance, there is a wide variety of objects that can be insured. So, real estate insurance is currently very popular. Insurance of household property (home furnishings) is in demand. You should also remember that not all of your property may be insured. Thus, manuscripts and your documents (except valuable papers), pets and some others.

Let's say you decide to insure your house or car, it doesn't matter. How to do it. It’s simple - you go to an insurance company that has a license for this type of activity, write an application for property insurance that you want to insure, and enter into a property insurance agreement with the insurance organization. IMPORTANT! Before signing, be sure to carefully read the contract for its authenticity, errors and omissions, so as not to be deceived (more about this is written in the article “”). If everything is in order, after signing here in the office, you will be issued a personal property insurance policy and live in peace, without fear that your car or property will suffer from natural disasters or from the actions of third parties.

It should be noted that there is a certain classification of property insurance: in addition voluntary insurance there are also property compulsory insurance property.

How to calculate the amount of insurance payments for property insurance. What can you get insurance payments for?

To find out how much you will have to pay within the insurance premium, you need to know the size of the tariff rate, which, in turn, depends on the insured amount in annual terms, within which the insurance company guarantees to make insurance compensation payments, which are stipulated in the property insurance contract. The insurance amount specified in the contract depends on several factors, namely:

• the cost of the insured property;
• the number of insurance risks that you want to include in the insurance contract;
• the presence and size of an established franchise.

Property insurance rules individuals determine what the insurable value of the property you decide to insure is. This is nothing more than the real (actual) value of the insured property in the place where it is located on this moment(meaning territory) at the time when the contract is concluded. And when insuring commercial risks, the insured value is usually considered to be the amount of losses that an entrepreneur would suffer if an insured event occurred. In more understandable terms, these are lost income that could have been received in the process of commercial activities under normal conditions if the insured event had not occurred.

What can be considered damage (loss) when insuring property?

Insurance compensation is not full compensation for losses. Insurance compensation cannot be greater than the damage caused, unless a different amount of compensation is specified in the insurance contract.

Damage in property insurance is considered to be:

• the present value of certain (insured) property taking into account depreciation, according to market value– if the subject of the contract is destroyed or stolen;
• difference in value between its present value and residual value(taking into account the reduction in price resulting from an insured event) – if the subject of the contract is damaged.

Terms and conditions of property insurance for individuals.

Property insurance conditions can be very different. They depend on the territorial feature or operating conditions (for example, a vehicle). For example, with insurance it is not movable property(house, cottage, plot), if it is located in areas of flooding, landslides, etc., insurance against the effects of soil subsidence, storms, hurricanes, and rainfall would be quite appropriate. And correspondingly, insurance premiums there will be more.

When insuring movable property (car, motorcycle, airplane, yacht, etc.), the conditions for using vehicles are also taken into account - whether the insured is engaged in driving, transporting goods, in what area, etc. All this must be specified in the insurance contract, otherwise insurance no compensation will be paid.

Rules for insurance of property of citizens.

If you decide to insure your movable or immovable property, you simply must know the rules for insuring personal property. The rules contain full information about the conditions under which the relationship between the policyholder (you) and the insurer will be conducted after the contract is signed by the parties. These rules contain:

1. List of insurance objects.
2. List of all accepted insurance risks.
3. The procedure for determining amounts for payments (insurance amounts).
4. Period and place of validity of the agreement.
5. Procedure for drawing up a contract.
6. Rights and obligations of the parties.
7. Your actions in the event of an insured event specified in the contract, a list of documents required to confirm the incident.
8. Procedure and conditions for payment of insurance amounts.
9. The timing of decisions to pay or not pay insurance benefits.
10. Conditions when the contract is terminated.
11. Solution procedure controversial issues, if any arise.

The most important body that issues licenses for insurance activities can take away this very license if the insurance company does not comply with the rules of property insurance or they do not meet all the necessary requirements.

Voluntary property insurance for citizens of the Russian Federation is one of the most effective ways protect your interests if a person owns some property. However, this is not the only way to keep your own valuables in order, and in case of a disaster, get some money. Eat different conditions property insurance, and specialized companies offer a huge number of tariffs. Some companies also allow the client to determine the features of a particular insurance contract. What is the essence of such cooperation?

What is it about?

In general, property insurance rates offered by modern specialized organizations require protection of some property. These could be paintings or buildings, cargo or cars, investments. You can count on compensation specified in the contract if an insured event occurs. The features of this situation are also clearly indicated in the agreement concluded between the initiator of the contract and the policyholder. There is crop insurance, and you can arrange for product protection.

In the classic version, an insured event is a flood, fire, man-made disaster, theft or natural disaster. If a contract for insurance of farm animals was concluded and an event included in the contract occurred, the owner of the livestock can count on monetary compensation. Since the owners working with the company regularly send certain amounts to it, the insurer forms a fund. It is from this that the due amount is paid when the appropriate case occurs.

Some important points

In accordance with current legislation, personal property insurance is carried out under an agreement that any citizen of the country has the right to enter into, but no one has an obligation to enter into such legal relations. But the legal entity in mandatory an agreement must be reached. All cases where insurance of buildings, funds and other property must be issued without fail are listed in the current laws of our country.

According to the concluded contract, the client may receive some compensation for losses. In some cases it will be complete, but not always. Proportional or some specific amount is allowed. From practical examples: any person who owns a deposit in a bank faces insurance. It's no secret that state program all deposits are insured for 1.4 million, and if an insured event occurs, you can count on a refund of the amount within the specified upper limit. The term of property insurance is determined by contract, concluded individually for each case. These can be short-term agreements or quite long ones.

About the agreement

An agreement stipulating the specifics of insurance of agricultural crops, housing, buildings or assets is concluded between the owner of this property and the company offering the corresponding service. In order for the contract to be valid and the terms fair, an assessment of the property to be protected is carried out before execution. The amount does not exceed real value subject to insurance. Take into account the values ​​determined on the date when the agreement is concluded.

Typically, insurance for an apartment, building, assets, crops is concluded for an annual period or more, although in some cases you can contact the insurer for a shorter contract. In case of long-term cooperation, the agreement specifies the need for regular recalculation of the price of insured objects. If you plan to insure your apartment, you need to understand what to insure full cost not necessary - you can register the program only for part. In addition, the same object can be registered under the insurance program in several companies at once, but compensation will still be within the limits of the real value of the property.

Insurance: legal entities

The work of legal entities with insurance companies has a number of specific features. In some cases, mandatory types of property insurance are relevant, the need for which is stipulated in current laws. In addition, everyone has the right to enter into a voluntary insurance contract if they consider it reasonable and profitable.

In general, compulsory types of property insurance are relevant when working with state property, with objects that have been assigned a danger rating above average. It is necessary to obtain insurance for valuables secured as collateral purchased on credit or received through a car leasing program. Concluding an agreement on different types of property insurance involves both comprehensive service everything that is in the possession of a legal entity, as well as part of its property. Damage is compensated only if the company can prove that it is not to blame for the incident. In order for the property to be compensated as agreed, it is necessary to officially document the fact of the insured event.

Individuals: insure wisely

Many owners of buildings in the private sector are interested in whether it is profitable to insure a private home against fire, whether it is worth participating in such a program and under what rules it will be concluded. Currently, the law does not oblige insuring the property of an individual, at the same time, many banks will not give a loan for transport or housing without registration insurance contract.

Currently, the American and European practice of insuring a private home against fire, savings from the banking crisis and participation in other programs affects up to 90% of the population, while in our country no more than three percent of citizens participate in such programs on a voluntary basis. When concluding an agreement, the amounts are clearly stated, and payments upon the occurrence of an event must fully or partially cover the damage suffered by the person. The maximum possible compensation is determined by the cost of property insurance agreed upon when concluding the contract, the price of the object itself and a number of other factors, including the payment limits established by the insurance company itself.

We insure ourselves voluntarily

This type of property insurance assumes that a person, on his own initiative, enters into legal relations with To regulate this area of ​​public interactions in our country, several federal laws, as well as a number of code points. In particular, in 2013, a legislative act dedicated to insurance business. It is this document that regulates the types of property insurance and the specifics of cooperation programs.

If in voluntary program Some organization joins on its own initiative; the expenses it incurs in accordance with this participation should be included in the “Other” column. This includes both production and sales expenses caused by the insurance program. Cooperation under a voluntary insurance agreement has clearly defined time limits. They are specified in the conditions in the documentation confirming the legal relationship.

Insurance: mandatory

This form of protection of interests and property, as follows from current legislation our country, is relevant primarily for legal entities. Laws declare that compulsory insurance allows you to protect property received for rent, under a leasing agreement, as well as property owned by the state, which is the subject of collateral or personal property. Damage is compensated for either the entire complex of insured property or part of it - this follows from the terms of a specific contract.

The insurance contract must indicate typical risks that can be supplemented if there are prerequisites for this. Special insurance rules were adopted and passed state registration. This document specifies the conditions under which compulsory property insurance is carried out. The agreement must clearly stipulate liability in the event of an insured event, all monetary values, the result of the assessment, the procedure for payment in the event of an insured event and the rules by which insurance organization compensates for damage.

Insurance: the monetary aspect

The agreement concluded between the property owner and the insurance organization clearly establishes the value of the property that is the object of legal relations. It is determined by a number of factors. It is necessary to assess the value, take into account the degree of wear and indicate a list of risk factors. In addition, the amount that must be reimbursed upon the occurrence of an insured event, the deductible, is specified.

On many websites of insurance organizations you can use an online calculator that gives a fairly accurate idea of ​​the price of services. However, when concluding an insurance contract in relation to property, it is usually impossible to register for participation in the program online. You will have to visit the office, where the manager will calculate the exact values ​​based on the characteristics of a particular case. Different companies are ready to offer quite significantly different conditions. There are several types of policies issued under the insurance program. Every citizen and organization has the right to choose exactly the option that best suits the goals set for the client.

Insurance: following the rules

Current laws establish the rules that govern the legal relationship between the policyholder and the client. Some of them are applicable only to individuals, others are established for legal entities, but some are also universal. Insurance rules registered with a special authority contain general provisions and an explanation of the terms used in this area, and also prescribe the procedure for entering into legal relations. When concluding an agreement, the rules specify the terms of cooperation, the objects to which it applies, and the tariffs at which the program is implemented. All types of risks and a list of conditions under which compensation must be issued must be indicated.

Rules, established by laws and declared by agreement with a specific company, necessarily contain the terms of the franchise, the principles by which the price of objects is calculated, the amount of damage, payments upon the occurrence of an insured event. It is imperative to specify how these payments will be made, what responsibility falls on the parties by virtue of entering into legal relations, and in what order conflicts that arise during interaction can be resolved. Also, specific rules for the agreement may contain other provisions at the discretion of the client and the insurance organization.

Property insurance: types

A modern approach to insurance services involves dividing clients into groups, objects into types, risks into types, and agreements into terms. Different types insurance must be specified in the activity license issued by the insurer before the start of work. Insurance can be compulsory, voluntary, for individuals or legal entities.

An alternative method for classifying insurance programs into types is by taking into account the object of the agreement. This could be transport, building, agricultural facility, property ordinary person or belonging to legal entity. Within the framework of the program, you can insure residential buildings and industrial, production or auxiliary buildings, including unfinished construction. In agriculture, the practice of insuring crops, equipment, livestock, and plantings is widespread.

Property and home insurance

Most insurance companies currently offering their services have developed special programs to protect residential premises and people's property. This allows everyone interested to choose suitable conditions for themselves and protect their interests, as well as count on compensation in the event of an insured event.

There are a number benefit programs included in the scope of activities of municipalities. Thanks to them insurance programs accessible to the general public. This was done to increase demand for insurers’ services and increase the security of the country’s population. Many companies offering Financial services, are also the authors of specific insurance programs - in particular, for leasing property or issuing mortgages.

Real estate: security at the highest level

An insurance program that involves some kind of real estate as the object of the agreement may be based on a structure, building, or site. You can enter into legal relations, the object of which is an entire complex or a small premises. Important condition: this object must be owned by the one who initiates interaction with the insurer, and there is the right to insure the property in full or to formalize an agreement only for a part.

Often, individuals take out insurance in voluntarily, but for organizations this measure is mandatory, which is stipulated in the current laws. Financial aspects agreements and the method of returning money in the event of an insured event are largely determined by the liability specified in the contract. The amount is always less than or equal to the assessment results when signing the papers. Legal relations may regulate returns full amount When a specified event occurs, sometimes the damage is only partially refunded. This is also subject to the terms of the agreement regulating legal relations.

Features of property insurance for individuals

This program was designed to serve the interests of the general population. The initiative to conclude an agreement must come from the person who is responsible for the safety of the object and has property interests in relation to it. Currently, compulsory motor liability insurance, established by current laws as mandatory for all vehicle owners, is good example legal relations between the insurer and the client. This program is established by law as mandatory. By similar logic, it will be necessary to conclude an insurance contract to protect some objects Agriculture- livestock, leased property.

Insurance: important categories

Currently, you can conclude an insurance contract in one of the categories established by law. IN regulations the following are mentioned:

• investment investments;
• cargo;
• credit programs;
• house property;
• citizen responsibility;
• the risk of damage associated with business activities (including downtime, failure of obligations by counterparties);
• real estate;
• transport.

Within each category there is a division into subtypes, taking into account the characteristics of a particular case. Thus, transport insurance involves individual programs for personal cars and specific for railway transport, ships, aircraft and space.

Insurance and risks

Typical risks specified in the insurance contract:

• fire, lightning, blast wave;
• hurricane, storm, other natural disasters;
• damage to boilers, gas storage facilities, other mechanisms and machines;
• damage caused by water (including sewerage, heating, fire extinguishing, water supply);
• intentional harm (including robbery, theft);
• damage caused to mirrors, windows, glass display cases.

There are several other categories that the insurance company typically offers.

Most often, in practice, an agreement is concluded with property against loss or damage. The contracts under which the liability of a citizen is insured will be quite specific. The object here is not property, but the person’s responsibility for some property, which this person will bear to someone when the fact of damage is revealed.

Insurance relations: a universal approach

It was already mentioned above that some legal relations under an insurance contract are relevant for legal entities, while others are suitable for individuals. Both groups were considered. There is also a third category of universal relationships that Insurance companies and all kinds of clients, be it an individual or an organization. Typically, such insurance arrangements are concluded in the field of agriculture and transport (automobiles, motorcycles). In addition to transport, there is also technical risk insurance.