Personal insurance contract: types, objects and subjects, rights and obligations. Civil Code Article 934
Insurance companies offer their customers to insure property objects or liability for possible loss to third parties. Such policies indicate the specific and determined its value. In contracts of personal insurance it is impossible to determine the price of human health and life. The policyholder independently determines the insurance amount, the amount of which depends on the amount of the insurance premium and insurance compensation in the event of an insured event.
According to the provisions of Article 934 of the Civil Code of our country, under contracts of personal insurance, a client of an insurance organization for payment made may receive from the insurer monetary compensation if an event specified in the contract occurs.Such insurance payment can also be received by the person in whose favor the insurance agreement is signed, or which is indicated as a beneficiary.
The essence of the insurance agreement
The subject of the personal insurance contract is an agreement between the insurance company and its client, according to which the insurer guarantees the payment of insurance compensation in case of loss of ability to work on insured risk or survival to an insurance event specified in the contract. In return for receiving the insurance payment, the client-policyholder promises to pay a fee for insurance services, the amount of which is specified in the contract.
On this basis, the essence of the personal insurance contract is insurance protection, which in this area is a commodity for the insurer's clients. The insurer is interested in purchasing the policy in order to protect itself from future additional material expenses. The insurer is interested in concluding personal insurance contracts and receiving insurance premiums for it.
Parties to the insurance contract
Only the person, his health and life, act as an object under contracts of personal insurance.Whether an individual is directly an insurer, or an insured person, or a beneficiary depends on the program chosen.
The client of the insurance company undertakes to pay insurance premiums based on the conditions of the signed contract. Under contracts of personal insurance, they can be any adult capable citizen, for example, the head of a production corporation or a private enterprise.
The insurer in this segment of the insurance market are insurance companies that have permits for this type of activity. The insurance companies, on the basis of the terms of the personal insurance contracts, are obliged to compensate the insured for material losses that occurred upon the occurrence of the insured event.
Form of contract
The current norms of the insurance legislation for voluntary types unequivocally stipulate that personal insurance contracts are concluded exclusively in writing. Ignoring such processing of insurance agreements may lead to the recognition of the contract is not valid. On the basis of an oral appeal to the insurer's office or by writing a statement of intention to insure, the organization enters into an agreement with the client.The insurance document is signed by two participants in the insurance process, which indicates their acceptance of the terms of insurance.
Personal insurance contracts are public contracts. The insurance policy should include the following points:
- document type;
- legal information about the insurance company;
- customer identification data;
- the insured person and the beneficiary;
- the amount of the insured amount;
- insurance events;
- dates of commencement and termination of the insurance agreement;
- the amount of the insurance premium, the procedure for its payment;
- exceptions to the rules;
- signatures of the insurer and the insurer.
Features of personal insurance
It should be noted that for the conclusion of the contract, in addition to the standard application, the client of the insurance company is obliged to fill out a form. As a rule, the insured is obliged to truthfully answer questions about his state of health at the time of the conclusion of the contract. It is also necessary to inform the insurer about past diseases, diseases of the next of kin, existing hereditary diseases.
Non-truthful information provided by the potential client of the insurer may cause a possible refusal of the insurance payment.Also, the insurance company may refuse to accrue the insurance amount under a personal insurance contract, if the insured intentionally concealed important information.
In addition to false information, there is a list of cases that are not insurance:
- the insured has maliciously provoked the occurrence of insured risk;
- the insurance object was in a state of alcohol or drugs;
- committing acts of a criminal nature;
- participation in spontaneous popular unrest, strikes, military and terrorist activities.
The personal insurance contract provides a list of the obligations of the client of the insurance company, namely:
- inform the relevant organization about events that may directly affect the possibility of occurrence of insured risk and the amount of the alleged damage;
- pay insurance premiums on time in accordance with the clauses of the agreement;
- upon occurrence of the insured event, inform the insurance organization within the time specified in the agreement.
Types of insurance contracts
Insurance organizations have developed and approved rules for personal insurance. Depending on the type of insurance risks, personal insurance contracts are divided into three main groups:
- Accident or disease insurance. Under such contracts, the payment of insurance sums occurs upon the occurrence of the disease specified in the contract type of accident, death. Also pay insurance compensation for obtaining disability from insured risks.
- Health insurance. The client will be able to take advantage of such insurance protection if the insured event has caused damage to the state of health of the insured. The insurance company is obliged to compensate the amount spent on treatment, medical procedures, rehabilitation measures. Insurance is carried out both on a voluntary and compulsory basis.
- Life insurance. This type of insurance can only deal with companies that have a license for cumulative insurance. Contracts are concluded for a period of one year, and monthly (quarterly, one-time) payment of the insurance premium is assumed.An insured event is considered to be a survival until the expiration date, or the occurrence of an insured event (marriage, majority, retirement age), or death.
Contracts of personal insurance, under which insurance premiums are accumulated, do not apply to risky types of insurance.
As a rule, such insurance agreements imply an insurance payment upon the occurrence of a certain age (18, 25 years), expiration of the contract, the occurrence of a certain event (marriage). The cumulative types of personal insurance also include supplementary pension insurance, rent.
Traditional types of life insurance imply the obligatory payment of the full insurance amount in case of death for any reason. The exception in all insurance companies is considered to be suicide or events that are not random in nature. In addition to death, an insured event may also be a disease or accident that led to the loss of the ability to work.
Insurance companies offer managers of enterprises, both large and small, as an additional social protection to conclude a contract of personal insurance of employees.For the convenience of determining the insurance rate, all members of the team will be united in groups by age and occupation. With timely payment of insurance payments, insurance protection compensates for the costs incurred for treatment and surgery, unforeseen medical expenses and remedial measures.
Personal accident insurance contracts are risky agreements. An insurance event in this category of policies implies an unforeseen event that actually occurred and caused damage to the state of health of the policyholder or insured person. Such contracts are concluded both by individuals and at the expense of organizations, companies, private firms, trade union organizations. The size of contributions under contracts of voluntary personal accident insurance depends on the size of the sum insured and the type of occupation.
The insurance agreement is usually for a year. However, the term of insurance may be less. So, athletes sign such contracts for the period of the competition, and passengers are considered insured while they are on the way.
Insurance payments can be made by both individuals and insurers - legal entities. Also, employees of the company can write an application for withholding from the wages of the insurance premium and its further transfer to the insurer.
In the personal insurance contract, the insured person is also the insured. At the same time, when making a contract for a child or spouse, one of the spouses or another family member acts as an insurer. In such cases, any of the parties specified in the contract is entitled to receive the insurance payment. The only condition for a child is coming of age.
Thus, in order to draw up a personal insurance contract, you should contact a profile company that has established itself in this market with considerable experience and the absence of delays in insurance payments. The presence of such insurance protection allows executives of companies to provide their employees with a higher level of social protection in comparison with enterprises where there is no such insurance coverage. Individuals - clients of insurance companies can be sure that in case of a sudden occurrence of an insured event, the insurer will pay compensation amounts to restore health.