Definition of civil liability insurance contract.

Hereinafter referred to as the Insurer, represented by _______________ acting on the basis of _____________, on the one hand, and ______________ hereinafter referred to as the Policyholder, represented by ______________ acting on the basis of ______________, on the other hand, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this civil liability insurance contract for damage caused by work deficiencies that affect the safety of facilities capital construction, insured property interests The insured, related to his obligation, in the manner prescribed by the Civil Legislation of the Russian Federation, to compensate for the harm (damage) caused through his fault or the fault of his employees (Article 1068 of the Civil Code of the Russian Federation) to the life, health and property interests of Third Parties, the environment, life or health animals or plants, objects of cultural heritage of the peoples of the Russian Federation when performing the following groups of types of work that affect the safety of capital construction facilities solely on the basis of the Certificate of admission to work that affect the safety of capital construction objects No. __________________ dated "___" ____________ 20__ ( hereinafter referred to as the Certificate) issued by ____________________________________________________________________________ (hereinafter referred to as works, the responsibility for which is insured). Exclusion by groups of types of work is not allowed.

Territory of insurance - Territory Russian Federation

1.2. This contract is concluded on the basis of the Application for insurance from the Insured dated ______________ (Appendix No. 2 to this agreement).

1.3 This Insurance Contract is concluded and is valid on the terms of the "Rules for insurance of civil liability for damage caused by defects in work that affect the safety of capital construction projects" _____________ (hereinafter referred to as the "Insurance Rules"), (Appendix No. 1 to this contract), and also in accordance with the "Requirements for insurance by members of the Non-Commercial Partnership ____________________________________________ of civil liability", approved by the Decision of the General Meeting of Members of the Non-Commercial Partnership _________________________________________________ dated "___" ____________ 20___. (Appendix No. 3).

2. OBJECT OF INSURANCE

2.1. The object of insurance is the property interests of the Insured that do not contradict the legislation of the Russian Federation and are associated with the obligation to compensate for the harm caused by the Insured to the life, health and property interests of Third Parties, the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) peoples of the Russian Federation due to shortcomings committed by the Insured in the performance of work that affects the safety of capital construction projects.

2.2. Third parties under this insurance contract are persons (any individuals and legal entities, state bodies, local governments or legal entities authorized by them that do not participate on the basis of a civil law or labor contract in the performance of work related to construction, reconstruction, overhaul buildings and structures, during the performance of which the liability of the Insured is insured), which may be damaged by the actions (inaction) of the Insured.

3.INSURANCE EVENTS AND INSURED EVENTS

3.1. Under this contract, an insured event is the occurrence of the Insured's obligation to compensate, in accordance with the requirements of the Civil Legislation of the Russian Federation, damage to the life, health and property interests of third parties, the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) peoples of the Russian Federation caused as a result of deficiencies in the insured activity carried out by the Insured with the simultaneous fulfillment of the following conditions:

the harm occurred during the term of this agreement;
the shortcomings of the insured activity carried out by the Insured, which led to the infliction of harm, were admitted by the Insured during the period of the Insured's membership in the SRO NP _____________________, but not earlier than the date of receipt by the Insured of the Certificate of admission to the relevant types of work that affect the safety of capital construction objects, issued by NP __________________ ( retroactive period);

The obligation of the Insured to compensate for damage caused as a result of a lack of work admitted during the retroactive period will be considered as insured event provided that the Insured at the time of conclusion of this insurance contract was not aware of the defect, or he notified the Insurer about it in writing.

- the damage occurred within the territory of insurance specified in this Contract;
- the damage occurred as a result of shortcomings committed by the Insured in the performance of types of work that affect the safety of capital construction facilities, the liability for which is insured;
- the shortcomings that led to the damage were committed by the Insured during the period of validity of the Certificate of admission to the relevant types of work . Events that occurred as a result of shortcomings committed by the Insured during the period of suspension or termination of the Certificate , are not recognized as insured events;
- the obligation of the Insured to compensate for the harm caused is confirmed by a valid court decision or recognized by the insured in agreement with the Insurer.

3.2. To establish the fact of the occurrence of an insured event, under the shortcomings of work, it should be understood:

3.2.1. non-compliance (violation) by officials and employees of the Insured in the performance of work with job descriptions, rules and other mandatory regulations that determine the procedure and conditions for carrying out the relevant types of work, as a result of which the safety of the capital construction object (objects) is violated;

3.2.2. non-compliance (violation) by officials and employees of the Insured in the performance of work with the standards of the Partnership, of which the Insured is a member, as a result of which the safety of the capital construction object (objects) was violated.

3.2.3. performance of work without appropriate permits, which, in accordance with the legislation of the Russian Federation, the Insured is obliged to obtain before the performance of work, as a result of which the safety of the capital construction object (objects) is violated.

3.3. Harm to the life and health of Third Parties means bodily injury, disability or death of the victim, as well as harm caused to Third Parties who suffered damage as a result of the death of the breadwinner.

Damage to the property of Third Parties and objects of cultural heritage is understood as real damage (damage, destruction, destruction, damage to property). This Risk does not cover damage from events qualified as a traffic accident falling under the scope of Federal Law No. 40-FZ dated April 25, 2002. “On Compulsory Insurance of Civil Liability of Owners Vehicle».

Harm to the environment, life or health of animals and plants is understood as a negative change in the environment as a result of its pollution, which has led to the degradation of natural ecological systems and depletion natural resources and other violations of environmental quality standards established by the relevant authorized state authorities in charge of managing environmental protection (Article 1 of Federal Law No. 7-FZ “On Environmental Protection”).

3.4. An insured event can only be recognized as an event that occurred in the process or as a result of the implementation by the Insured of the types of work, the liability for which is insured. An insured event does not recognize an event that occurred in the process or as a result of the implementation by the Insured of a type of work that is not directly indicated in the Certificate valid at the time of the occurrence of the insured event.

3.5. The Policyholder, without the consent of the Insurer, is not entitled to voluntarily recognize his obligation to compensate for damage caused to Third Parties and / or the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation. Such recognition does not entail the emergence of the Insurer's obligation to pay insurance indemnity.

3.6. Under this Agreement, only real damage caused by the Insured to Third Parties and/or the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation is subject to compensation by the Insurer. In the event of harm to the life and health of Third Parties, as well as harm caused to Third Parties who suffered damage as a result of the death of the breadwinner, the amount of damage caused is determined based on the provisions of the current legislation of the Russian Federation.

3.7. The insured event is not:

3.7.1. military actions, maneuvers or other military activities;

3.7.2. events associated with the impact of a nuclear explosion, radiation or radioactive contamination;

3.7.3. civil war, riots of any kind or strikes;

3.7.4. terrorist actions;

3.7.5. natural disasters(earthquake, volcanic eruption, tsunami, underground fire, landslide, mountain collapse, storm, whirlwind, hurricane, flood, hail, downpour, etc.);

3.7.6. seizure, confiscation, requisition, arrest, damage or destruction of a capital construction facility or other property of individuals and legal entities by order of state bodies or other authorities;

3.7.7. intentional actions of the Insured, third parties;

3.7.8. any kind of indirect losses of individuals and legal entities, including: lost income, damage to business reputation, moral damage (for individuals);

3.7.9. losses associated with the operation of vehicles intended for road traffic common use, with the operation of aircraft and watercraft;

3.7.10. the emergence of liability of the employer for harm caused by the intentional actions of the employee;

3.7.11. expenses directly related to the restoration of a damaged (dead) capital construction object.

3.7.12. Damage caused to the capital construction object (or its part, on which the Insured carried out work on the basis of the relevant construction contract) expressed in its death (loss) or damage due to work deficiencies admitted by the Insured that affect the safety of the capital construction object.

3.7.13. Damage caused due to shortcomings committed by the Insured in the performance of work affecting the safety of capital construction facilities, if at the time of conclusion of this Agreement the Insured (responsible employees of the Insured) were aware of the presence of such shortcomings, and the Insurer was not notified of these deficiencies at the conclusion of the contract.

4. SUM INSURED

4.1. This agreement establishes sum insured in the amount of _______________ (______________________) rubles 00 kopecks.

4.2. If the insurance indemnity is paid in an amount less than the sum insured, this Agreement continues to be valid, but the sum insured from the date of payment is considered reduced by the amount of the paid indemnity. The policyholder is obliged to restore the sum insured by paying an additional insurance premium within three working days from the date of reduction of the sum insured.

5. INSURANCE PREMIUM AND PAYMENT PROCEDURE

5.1. The insurance premium under this agreement is ___________ (____________) rubles 00 kopecks.

5.2. Payment of the insurance premium is made at a time within three working days from the date of signing this agreement.

5.3. In the event that the Policyholder fails to pay the insurance premium within the time period established by this Agreement or the Policyholder pays the insurance premium in an amount less than established by this Agreement, this Agreement shall be deemed not to have entered into force.

6. TERM OF INSURANCE CONTRACT

6.1. The insurance contract shall enter into force from dd.mm.yyyy, but not earlier than zero o'clock on the day following the day of payment of the insurance premium by the Policyholder. The day of payment is the day when the amount of the insurance premium is debited from the bank account of the Insured (or a person authorized by him) in favor of the Insurer.

6.2. End of the insurance contract 23 hours 59 minutes dd.mm.yyyy

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The insured has the right:

7.1.1. For early termination of the insurance contract only in the case of the relevant current legislation of the Russian Federation.

7.1.2. Appeal against the refusal of the Insurer to make an insurance payment in court.

7.1.3. Require the Insurer to fulfill its obligations in accordance with the terms of this agreement and the current legislation of the Russian Federation.

7.2. The insured is obliged:

7.2.1. When concluding the Insurance Contract, inform the Insurer about all circumstances known to him that are relevant for the assessment of the insured risk, as well as about all insurance contracts concluded or being concluded in relation to this insurance object.

7.2.2. Take the necessary measures to prevent damage to Third Parties.

7.2.3. Carry out work in accordance with the established rules and safety requirements, including for the safety of Third Parties.

7.2.4. If the degree of risk, insurance conditions change within three days, notify the Insurer in writing. Further interaction between the parties is regulated by Art. 11 of this agreement.

7.2.5. Timely pay the insurance premium in accordance with the terms of the insurance contract;

7.2.6. When including additional groups of types of work, present to the Insurer the relevant Certificate issued by __________________________, which indicates the relevant changes. Exclusion of groups of types of work from the contract during the period of its validity is not allowed.

7.3. The insurer has the right:

7.3.1. Check compliance by the Insured with the requirements of the Insurance Rules and this agreement.

7.3.2. Require the Insured to fulfill its obligations in accordance with the terms of this agreement and the current legislation of the Russian Federation.

7.3.3. Postpone the payment of insurance compensation in the cases provided for in clause 9.7. actual agreement.

7.4. The insurer is obliged:

7.4.1. Not to disclose information received by him as a result of his professional activity about the Insured and his property status.

7.4.2. Timely, in accordance with the terms of this contract to make insurance payments.

8. PROCEDURE FOR INTERACTION OF THE PARTIES IN THE CAUSE OF DAMAGE TO THIRD PARTIES

Upon the occurrence of an event that may serve as a basis for a property claim or claim from Third Parties:

8.1. The insured is obliged:

8.1.1. Immediately, but in any case no later than 3 (three) working days from the moment when the Insured became aware of the damage caused to Third Parties, notify the Insurer or its authorized representative about the event, as well as the self-regulatory organization by means of communication, allowing the possibility of documenting the fact of the message ;

8.1.2. Take all possible measures to reduce harm to life/health and/or property of third parties, the environment, life or health of animals and plants, as well as damage to cultural heritage sites of the peoples of the Russian Federation and eliminate the causes that contribute to additional damage.

8.1.3. Take all possible measures to ensure the necessary documentation of the event.

8.1.4. If possible, provide pre-trial proceedings to establish guilt.

8.1.5. Submit a written application to the Insurer indicating all the circumstances of the insured event, as well as the documents necessary to establish the circumstances of the insured event and the amount of losses from it, including (depending on the nature of the event and the type of damage caused):

a written claim of Third parties to the Insured with a claim for compensation for the harm caused;
internal act of investigation of the Insured regarding the circumstances and causes of harm;
documents of law enforcement and special bodies of supervision and control in the field of urban planning, executive bodies of self-regulatory organizations in relation to shortcomings in the performance of work that could cause an event that led to harm to Third Parties;
a court decision that has entered into legal force;
in the case of pre-trial proceedings, the Insured's statement on the agreement of a voluntary confession of guilt;
conclusions and calculations of independent examination bodies regarding possible shortcomings in the performance of work, which could be the cause of an event that led to harm to Third Parties;
economic and accounting materials and calculations, estimates, invoices and receipts, on the basis of which the amount of damage caused to Third Parties is determined.

8.1.6. Assist the Insurer in judicial and extrajudicial protection of the Insured's interests after the Insured receives a claim for damages from Third Parties.

8.1.7. Notify the Insurer about all written claims of Third Parties, about any actions of the competent authorities on the fact of harm (the beginning of an investigation, subpoena, etc.).

8.1.8. 3 days prior to the inspection of the damaged property of Third Parties, inform the Insurer in writing (by application, telegram) about the place and time of the inspection.

8.1.9. If the Insurer considers it necessary to appoint its lawyer or authorized person to protect the interests of both the Insurer and the Policyholder related to the insured event, issue a proper power of attorney and other necessary documents to the persons indicated by the Insurer.

8.1.10. Without the written consent of the Insurer or decision judicial authority not to pay compensation, not to give promises and not to make offers of voluntary compensation for harm, not to recognize in full or in part its responsibility.

8.1.11. Ensure that the Insurer receives the information requested by him, which allows to establish the causes and circumstances of the insured event and the amount of losses from it, including if they amount to trade secret Insured.

8.2. The insurer has the right:

8.2.1. Participate in the inspection of damaged property of Third Parties.

8.2.2. Independently find out the causes and circumstances of the insured event.

8.2.3. Request from the Insured, state bodies of technical regulation in the field of urban planning, law enforcement, executive bodies of a self-regulatory organization (organizations), bodies of banks, medical institutions and other organizations, relevant documents and information necessary to establish the fact, the reasons for the occurrence of an insured event and / or determine the amount of insurance payment, including information constituting a commercial secret.

8.2.4. Assume the protection of the rights of the Insured and conduct all cases to settle the loss, acting on behalf of the Insured, including in court.

8.3. The insurer is obliged:

8.3.1. Within 5 (five) working days from the date of receipt of the notice of harm by the Insured, inform (name of the self-regulatory organization) _____________ about the fact of the insured event.

8.3.2. Within 10 (ten) working days from the date of receipt of the Insured's application for agreeing on a voluntary admission of guilt, make a reasoned decision and notify the Insured.

8.3.3. Within 10 (ten) business days from the date of receipt of the notice of damage to Third Parties, send the Insured a written request with a list of required documents. Sending the list of documents does not deprive the Insurer of the right, if necessary, to request from the Insured additional documents and information about the circumstances, causes and amount of damage caused.

8.3.4. Approve the insurance act on the fact of causing harm to Third Parties within 5 (five) working days after the entry into force of the court decision on the recognition of the Insured guilty of causing harm or the agreed application of the Insured for a voluntary admission of guilt and receipt from the Insured of a written application for compensation for damage and all documents necessary to establish the fact of the occurrence of an insured event, the causes of occurrence and the amount of damage caused. In the insurance act, the Insurer indicates the decision to pay (refuse to pay) the insurance indemnity, as well as the amount of the insurance indemnity payable in the event of a decision to pay out. The Insurer is obliged to send a copy of the insurance certificate to the Insured and to the self-regulatory organization of which the Insured is a member.

8.3.5. Make an insurance payment within 5 (Five) business days from the date of approval of the insurance act, in case of an event recognized as insurance.

8.3.6. In case of refusal to pay the insurance indemnity - within 5 (five) business days from the date of approval of the insurance act, notify the Insured about this in writing with a reasoned justification for the reasons for refusal.

9. DETERMINATION OF THE AMOUNT AND PROCEDURE OF PAYMENT

INSURANCE COMPENSATION

9.1. The causes and amount of damage caused are established by the Insurer on the basis of inspection data, examinations, claims of Third Parties and other documents, the need to submit which is determined by the nature of the incident, the terms of this Agreement and the requirements of the legislation of the Russian Federation.

9.2. In the event of a dispute about the causes and amount of damage, each of the parties has the right to demand an examination. The examination is carried out at the expense of the party that requested it. If the fact of causing harm is recognized as an insured event, the costs of the examination are reimbursed by the Insurer.

9.3. The amount of insurance indemnity payable is determined based on the amount of damage caused to the Third Party and/or the environment and additional expenses incurred by the Insured in order to mitigate the damage (in accordance with Article 962 of the Civil Code of the Russian Federation), taking into account the amount of the insurance amount established under this contract .

9.4. Expenses incurred by the Insured in order to reduce the loss from the insured event are reimbursed, if such expenses were necessary or incurred to fulfill the instructions of the Insurer, directly to the Insured.

9.5. Insurance indemnity can be paid only after the causes and amount of damage from the events provided for in this Agreement are established, the insurance act is drawn up and approved.

9.6. Insurance indemnity is paid within 5 (five) working days from the date of approval of the insurance act. The insurance act on the fact of causing damage to Third Parties is drawn up within 10 (ten) business days after the entry into force of the court decision on the recognition of the Policyholder as guilty of causing harm or the agreed statement of the Policyholder on the voluntary admission of guilt and receipt from the Policyholder of a written application for compensation for the damage caused and all documents necessary to establish the fact, causes and extent of the harm caused. In the insurance act, the Insurer indicates the decision to pay (refuse to pay) the insurance indemnity, as well as the amount of the insurance indemnity payable in the event of a decision to pay out. The Insurer is obliged to send a copy of the insurance certificate to the Insured and to the self-regulatory organization of which the Insured is a member.

9.7. The insurer has the right to defer payment of the insurance indemnity if:

he has reasonable doubts about the authenticity of the documents confirming the fact of the occurrence of the insured event and the amount of damage - until the authenticity of such documents is confirmed;
the competent authorities initiated a criminal case on the fact of harm and are investigating the circumstances that led to the harm - until the issuance of a procedural act that ends the criminal case.

9.8. The insurer has the right not to recognize the declared event as an insured event and refuse to pay insurance compensation if:

The reason for causing damage to Third Parties was the activity of the Insured's employees who were in a state of alcoholic, narcotic or toxic intoxication;
The Policyholder, without the consent of the Insurer, settled the claims of Third Parties;
The Policyholder, prior to the entry into force of the court decision, settled the claims of the Third Parties.

10. AMENDMENT AND TERMINATION OF THE INSURANCE CONTRACT

10.1. Amending or supplementing the terms of this agreement is possible by agreement of the parties, concluded in writing.

10.2. In the event of a change (supplement) of the terms of this agreement, the new terms begin to operate from the moment the additional agreement is concluded, unless otherwise expressly provided by the additional agreement or follows from the nature of the amendment to this agreement.

10.3. This insurance contract is terminated early in the following cases:

10.3.1. Liquidation of the Policyholder or the Insurer in a voluntary or compulsory manner, established by the legislative acts of the Russian Federation.

10.3.2. The decision of the court to recognize this agreement as invalid.

10.3.3. Termination of the Policyholder's Certificate of admission to all types of work affecting the safety of capital construction projects specified in this contract.

10.3.4. Termination of the Policyholder's membership in a self-regulatory organization.

10.3.5. In connection with the refusal of the Policyholder or the Insurer to execute the insurance contract. In this case, the Party refusing to execute this agreement is obliged to notify the other Party in writing at least 10 days before the expected date of termination of this agreement. The insurer has the right to refuse to perform this contract in case of delay in payment insurance premium by the Policyholder, by sending the relevant notice to the Policyholder.

10.3.6. In other cases stipulated by the legislative acts of the Russian Federation.

10.4. In case of early termination of this contract at the initiative of the Insurer, the Insurer shall return to the Policyholder the insurance premium for the unexpired term of the contract.

10.5. In case of early termination of the insurance contract at the initiative of the Insured in the absence of insured events that occurred before the termination of this contract, the Insurer returns to the Insured the insurance premium for the unexpired term of the contract, minus the expenses of the Insurer in the amount provided for by the approved structure of the tariff rate. In the event of an insured event, the insurance premium will not be refunded.

10.6. With regard to the obligations of the parties that arose before the termination of this agreement (including obligations arising from an insured event that arose before the termination of this agreement), the terms of this agreement continue to be valid until such obligations are fully fulfilled.

11. CONSEQUENCES OF INCREASED PROBABILITY

INSURED EVENT

11.1. During the period of validity of this agreement, the Policyholder is obliged to immediately inform the Insurer of any significant changes in the circumstances reported to the Insurer when concluding the insurance agreement that have become known to him, if these changes can significantly increase the likelihood of an insured event.

In any case, any change in the circumstances specified in the insurance contract is recognized as significant ( insurance policy), a written Application for insurance, Certificate of admission.

11.2. The insurer, notified of the circumstances, entailing an increase in the likelihood of an insured event, has the right to demand a change in the terms of the insurance contract or payment of an additional insurance premium in proportion to the increase in the probability of an insured event.

11.3. If the Policyholder objects to changing the terms of this agreement or additional payment of the insurance premium, or the Policyholder has not fulfilled the obligation provided for in clause 11.1, the Insurer has the right to demand termination of the insurance contract and compensation for losses caused by termination. The period of validity of insurance protection (insurance) shall be terminated from the moment of the increase in the probability of occurrence of an insured event.

11.4. The insurer is not entitled to demand termination of this contract if the circumstances leading to an increase in the likelihood of an insured event have already disappeared.

12. FINAL PROVISIONS

12.1. The relations of the Insured and the Insurer (hereinafter referred to as the Parties) not regulated by this agreement shall be subject to the legislation of the Russian Federation.

12.2. Under this agreement, the Parties undertake to immediately notify each other in writing of the occurrence of force majeure circumstances of any order that they become aware of.

12.3. Any dispute, controversy, demand or claim arising out of or arising in connection with this Agreement, or its violation, termination or invalidity, shall be considered in the Arbitration Court at the Non-Commercial Partnership __________________________________________ (Arbitration Court at NP ____________________") on the terms and in the manner, provided for by the Regulations on the Arbitration Court at NP "____________________". The decision of the Arbitration Court at NP "____________________" is final and binding on the parties and will be executed by them on time and in the manner specified in the decision of the Arbitration Court at NP "_____________________". The Parties are familiar with and accept for guidance the Regulations and Rules of the permanent Arbitration Court at NP "____________________".

The parties establish that the dispute will be resolved by the panel of arbitrators elected (appointed) in accordance with the provisions of the Rules of the Arbitration Court at NP "___________________".

12.4. This Agreement is made in two copies, one for each of the Parties. Both copies are identical to each other and have equal legal force.

13. OTHER TERMS

13.1. All applications specified in the text of this Agreement are its integral part.

13.2. Changes and additions to this Agreement will be valid only if they are made in writing and signed by authorized representatives of the Parties.

13.3 The parties are responsible for the correctness of the reported details and undertake to notify each other of their changes.

13.4. Issues not regulated by this agreement shall be resolved in accordance with the current legislation of the Russian Federation.

13.5. In case of disagreement in the interpretation of the terms of this Agreement and the Rules of Insurance, this Agreement shall have priority.

14. ADDRESSES AND BANK DETAILS OF THE PARTIES

Insurer:		Policyholder:




Bank details:		Bank details:




FROM THE INSURED Position		From the Insured Position
signature		I.O. Surname signature

Civil liability insurance contract sample form download

Treaty

civil liability insurance

______________________ ___________________ 20

Hereinafter referred to as the Insurer, represented by ____________________________________________, acting on the basis of ____________________________, on the one hand, and __________________________________________ hereinafter referred to as the Insured, represented by ________________________________________________, acting on the basis of ____________________________________, on the other hand, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this contract of civil liability insurance for causing harm due to deficiencies in work that affect the safety of capital construction objects, the property interests of the Insured are insured related to his obligation in accordance with the procedure established by the Civil Legislation of the Russian Federation to compensate for harm (damage) caused through his fault or the fault of its employees (Article 1068 of the Civil Code of the Russian Federation) to the life, health and property interests of Third Parties, the environment, the life or health of animals or plants, objects of cultural heritage of the peoples of the Russian Federation when performing the following groups of types of work that affect the safety of capital construction facilities exclusively on the basis of the Certificate of admission to works that affect the safety of capital construction objects No. __________________ dated "___" ____________ 20__ (hereinafter referred to as the Certificate) issued by ______________________________________________________________ ______________ (hereinafter referred to as works, the responsibility for which is insured). Exclusion by groups of types of work is not allowed.

Territory of insurance - Territory of the Russian Federation

1.2. This contract is concluded on the basis of the Application for insurance from the Insured dated ____________________ (Appendix No. 2 to this contract).

1.3 This Insurance Policy is concluded and is valid on the terms of the "Rules for insurance of civil liability for damage caused by work defects that affect the safety of capital construction projects" _____________ (hereinafter referred to as the "Insurance Rules"), (Appendix No. 1 to this agreement), and also in accordance with the "Requirements for insurance by members of the Non-Commercial Partnership ____________________________________________ of civil liability", approved by the Decision of the General Meeting of Members of the Non-Commercial Partnership _________________________________________________ dated "___" ____________ 20___. (Appendix No. 3).

2. OBJECT OF INSURANCE

2.2. Third parties under this insurance contract are persons (any individuals and legal entities, state bodies, local governments or legal entities authorized by them that do not participate on the basis of a civil law or employment contract in the performance of work related to construction, reconstruction, overhaul buildings and structures, during the performance of which the liability of the Insured is insured), which may be damaged by the actions (inaction) of the Insured.

3.INSURANCE EVENTS AND INSURED EVENTS

the harm occurred during the term of this agreement;
the shortcomings of the insured activity carried out by the Insured, which led to the infliction of harm, were admitted by the Insured during the period of the Insured's membership in the SRO NP _____________________, but not earlier than the date of receipt by the Insured of the Certificate of admission to the relevant types of work that affect the safety of capital construction objects, issued by NP __________________ ( retroactive period);

The Insured's obligation to compensate for damage caused as a result of a lack of work made during the retroactive period will be considered as an insured event, provided that the Insured at the time of conclusion of this insurance contract was not aware of the shortcoming, or he notified the Insurer about it in writing .

— the damage occurred within the territory of insurance specified in this Contract;
- the damage was caused due to shortcomings committed by the Insured in the performance of types of work that affect the safety of capital construction facilities, the responsibility for which is insured;
- the shortcomings that led to the damage were committed by the Insured during the period of validity of the Certificate of admission to the relevant types of work . Events that occurred as a result of shortcomings committed by the Insured during the period of suspension or termination of the Certificate , are not recognized as insured events;
— the obligation of the Insured to compensate for the harm caused is confirmed by a valid court decision or recognized by the insured in agreement with the Insurer.

3.2. To establish the fact of the occurrence of an insured event, under the shortcomings of work, it should be understood:

Damage to the property of Third Parties and objects of cultural heritage is understood as real damage (damage, destruction, destruction, damage to property). This Risk does not cover damage from events qualified as a traffic accident falling under the scope of Federal Law No. 40-FZ dated April 25, 2002. "On Compulsory Insurance of Civil Liability of Vehicle Owners".

Harm to the environment, life or health of animals and plants is understood as a negative change in the environment as a result of its pollution, which entailed the degradation of natural ecological systems and the depletion of natural resources and other violations of environmental quality standards established by the relevant authorized state authorities in whose jurisdiction there is a management of environmental protection (Article 1 of the Federal Law No. 7-FZ "On Environmental Protection").

3.7. The insured event is not:

3.7.1. military actions, maneuvers or other military activities;

3.7.2. events associated with the impact of a nuclear explosion, radiation or radioactive contamination;

3.7.3. civil war, riots of any kind or strikes;

3.7.4. terrorist actions;

3.7.5. natural disasters (earthquake, volcanic eruption, tsunami, underground fire, landslide, mountain collapse, storm, whirlwind, hurricane, flood, hail, downpour, etc.);

3.7.7. intentional actions of the Insured, third parties;

3.7.8. any kind of indirect losses of individuals and legal entities, including: lost income, damage to business reputation, moral damage (for individuals);

3.7.9. losses associated with the operation of vehicles intended for movement on public roads, with the operation of aircraft and watercraft;

3.7.10. the emergence of liability of the employer for harm caused by the intentional actions of the employee;

3.7.11. expenses directly related to the restoration of a damaged (dead) capital construction object.

4. SUM INSURED

4.1. Under this contract, the sum insured is established in the amount of _______________ (______________________) rubles 00 kopecks.

5. INSURANCE PREMIUM AND PAYMENT PROCEDURE

5.1. The insurance premium under this agreement is ___________ (___________________________________) rubles 00 kopecks.

5.2. Payment of the insurance premium is made at a time within three working days from the date of signing this agreement.

6. TERM OF INSURANCE CONTRACT

6.1. The insurance contract shall enter into force from ____ _________________ 20, but not earlier than zero o'clock on the day following the day of payment of the insurance premium by the Policyholder. The day of payment is the day when the amount of the insurance premium is debited from the bank account of the Insured (or a person authorized by him) in favor of the Insurer.

6.2. End of the insurance contract 23 hours 59 minutes ____ _________________ y.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The insured has the right:

7.1.1. For early termination of the insurance contract only in the case of the relevant current legislation of the Russian Federation.

7.1.2. Appeal against the refusal of the Insurer to make an insurance payment in court.

7.1.3. Require the Insurer to fulfill its obligations in accordance with the terms of this agreement and the current legislation of the Russian Federation.

7.2. The insured is obliged:

7.2.2. Take the necessary measures to prevent damage to Third Parties.

7.2.3. Carry out work in accordance with the established rules and safety requirements, including for the safety of Third Parties.

7.2.4. If the degree of risk, insurance conditions change within three days, notify the Insurer in writing. Further interaction between the parties is regulated by Art. 11 of this agreement.

7.2.5. Timely pay the insurance premium in accordance with the terms of the insurance contract;

7.3. The insurer has the right:

7.3.1. Check compliance by the Insured with the requirements of the Insurance Rules and this agreement.

7.3.2. Require the Insured to fulfill its obligations in accordance with the terms of this agreement and the current legislation of the Russian Federation.

7.3.3. Postpone the payment of insurance compensation in the cases provided for in clause 9.7. actual agreement.

7.4. The insurer is obliged:

7.4.1. Not to disclose information received by him as a result of his professional activity about the Insured and his property status.

7.4.2. Timely, in accordance with the terms of this contract to make insurance payments.

8. PROCEDURE FOR INTERACTION OF THE PARTIES IN THE CAUSE OF DAMAGE TO THIRD PARTIES

Upon the occurrence of an event that may serve as a basis for a property claim or claim from Third Parties:

8.1. The insured is obliged:

8.1.3. Take all possible measures to ensure the necessary documentation of the event.

8.1.4. If possible, provide pre-trial proceedings to establish guilt.

a written claim of Third parties to the Insured with a claim for compensation for the harm caused;
internal act of investigation of the Insured regarding the circumstances and causes of harm;
documents of law enforcement and special bodies of supervision and control in the field of urban planning, executive bodies of self-regulatory organizations in relation to shortcomings in the performance of work that could cause an event that led to harm to Third Parties;
a court decision that has entered into legal force;
in the case of pre-trial proceedings, the Insured's statement on the agreement of a voluntary confession of guilt;
conclusions and calculations of independent examination bodies regarding possible shortcomings in the performance of work, which could be the cause of an event that led to harm to Third Parties;
economic and accounting materials and calculations, estimates, invoices and receipts, on the basis of which the amount of damage caused to Third Parties is determined.

8.1.6. Assist the Insurer in judicial and extrajudicial protection of the Insured's interests after the Insured receives a claim for damages from Third Parties.

8.1.7. Notify the Insurer about all written claims of Third Parties, about any actions of the competent authorities on the fact of harm (the beginning of an investigation, subpoena, etc.).

8.1.8. 3 days prior to the inspection of the damaged property of Third Parties, inform the Insurer in writing (by application, telegram) about the place and time of the inspection.

8.1.10. Without the written consent of the Insurer or a decision of a judicial authority, not to pay compensation, not to make promises and not to make offers of voluntary compensation for damage, not to recognize in full or in part its responsibility.

8.2. The insurer has the right:

8.2.1. Participate in the inspection of damaged property of Third Parties.

8.2.2. Independently find out the causes and circumstances of the insured event.

8.2.3. Request from the Insured, state bodies of technical regulation in the field of urban development, law enforcement agencies, executive bodies of self-regulatory organization (organizations), banks, medical institutions and other organizations relevant documents and information necessary to establish the fact, causes of an insured event and / or determine the amount of the insurance payment, including information constituting a trade secret.

8.2.4. Assume the protection of the rights of the Insured and conduct all cases to settle the loss, acting on behalf of the Insured, including in court.

8.3. The insurer is obliged:

8.3.1. Within 5 (five) working days from the date of receipt of the notice of harm by the Insured, inform (name of the self-regulatory organization) _____________ about the fact of the insured event.

8.3.2. Within 10 (ten) working days from the date of receipt of the Insured's application for agreeing on a voluntary admission of guilt, make a reasoned decision and notify the Insured.

8.3.3. Within 10 (ten) working days from the date of receipt of the notice of damage to Third Parties, send the Policyholder a written request with a list of required documents. Sending the list of documents does not deprive the Insurer of the right, if necessary, to request from the Insured additional documents and information about the circumstances, causes and amount of damage caused.

8.3.5. Make an insurance payment within 5 (Five) business days from the date of approval of the insurance act, in case of an event recognized as insurance.

8.3.6. In case of refusal to pay the insurance indemnity - within 5 (five) business days from the date of approval of the insurance act, inform the Policyholder in writing about this with a reasoned justification for the reasons for the refusal.

9. DETERMINATION OF THE AMOUNT AND PROCEDURE FOR PAYMENT OF INSURANCE COMPENSATION

9.5. Insurance indemnity can be paid only after the causes and amount of damage from the events provided for in this Agreement are established, the insurance act is drawn up and approved.

9.7. The insurer has the right to defer payment of the insurance indemnity if:

he has reasonable doubts about the authenticity of the documents confirming the fact of the occurrence of the insured event and the amount of damage - until the authenticity of such documents is confirmed;
the competent authorities initiated a criminal case on the fact of causing harm and are investigating the circumstances that led to the infliction of harm - until the issuance of a procedural act that ends the proceedings in the criminal case.

9.8. The insurer has the right not to recognize the declared event as an insured event and refuse to pay insurance compensation if:

The reason for causing damage to Third Parties was the activity of the Insured's employees who were in a state of alcoholic, narcotic or toxic intoxication;
The Policyholder, without the consent of the Insurer, settled the claims of Third Parties;
The Policyholder, prior to the entry into force of the court decision, settled the claims of the Third Parties.

10. AMENDMENT AND TERMINATION OF THE INSURANCE CONTRACT

10.1. Amending or supplementing the terms of this agreement is possible by agreement of the parties, concluded in writing.

10.3. This insurance contract is terminated early in the following cases:

10.3.1. Liquidation of the Policyholder or the Insurer in a voluntary or compulsory manner, established by the legislative acts of the Russian Federation.

10.3.2. The decision of the court to recognize this agreement as invalid.

10.3.3. Termination of the Policyholder's Certificate of admission to all types of work affecting the safety of capital construction projects specified in this contract.

10.3.4. Termination of the Policyholder's membership in a self-regulatory organization.

10.3.5. In connection with the refusal of the Policyholder or the Insurer to execute the insurance contract. In this case, the Party refusing to execute this agreement is obliged to notify the other Party in writing at least 10 days before the expected date of termination of this agreement. The insurer has the right to refuse to execute this contract in case of delay in payment of the insurance premium by the Insured, by sending the appropriate notice to the Insured.

10.3.6. In other cases stipulated by the legislative acts of the Russian Federation.

10.4. In case of early termination of this contract at the initiative of the Insurer, the Insurer shall return to the Policyholder the insurance premium for the unexpired term of the contract.

11. CONSEQUENCES OF INCREASING THE PROBABILITY OF AN INSURED EVENT

In any case, any changes in the circumstances specified in the insurance contract (insurance policy), written Application for insurance, Certificate of admission are recognized as significant.

11.4. The insurer is not entitled to demand termination of this contract if the circumstances leading to an increase in the likelihood of an insured event have already disappeared.

12. FINAL PROVISIONS

12.1. The relations of the Insured and the Insurer (hereinafter referred to as the Parties) not regulated by this agreement shall be subject to the legislation of the Russian Federation.

12.2. Under this agreement, the Parties undertake to immediately notify each other in writing of the occurrence of force majeure circumstances of any order that they become aware of.

12.4. This Agreement is made in two copies, one for each of the Parties. Both copies are identical to each other and have equal legal force.

13. OTHER TERMS

13.1. All applications specified in the text of this Agreement are its integral part.

13.2. Changes and additions to this Agreement will be valid only if they are made in writing and signed by authorized representatives of the Parties.

13.3 The parties are responsible for the correctness of the reported details and undertake to notify each other of their changes.

13.4. Issues not regulated by this agreement shall be resolved in accordance with the current legislation of the Russian Federation.

13.5. In case of disagreement in the interpretation of the terms of this Agreement and the Rules of Insurance, this Agreement shall have priority.

Insured events, concepts, laws and meaning civil insurance deserves special attention. It is important not only to understand what the civil liability insurance contract (CL) reflects in its content, but also to distinguish the features that are inherent in a particular insured event or type of insurance.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

In addition, the procedure for concluding and the composition of the package of necessary documents is the one important information which should be available to every policyholder.

What it is

The main distinguishing feature of such agreements, which are formed on the basis, is the property nature of the subject on which the moans are negotiated.

The main rule here is the following postulate - a person who caused physical or property damage or harm to the victim is obliged to compensate losses and losses in full.

This includes the following reimbursement items:

Property expenses of the victim	These are all financial or property coverages on the part of the victim in order to fully return or restore, repair the property damaged by the culprit. This is called covering the real damage of the perpetrators to the victim.
Legal expenses of the victim	This cash spent by the person who suffered the loss of rights to restore their loss. This applies, for example, to the recall of goods or services, legal costs.
Incomes of the victim	A person who caused damage to the property of the victim, which brought him income, is obliged to pay the amount of lost profits under certain conditions and for a specific period. This is clearly spelled out in Article 15 of the Civil Code of the Russian Federation.
Compensation for harm caused to the life or health of the victim

Insurance covers cases of both destructive (destructive) actions and complete inaction, which caused damage to the victim.

Civil liability is divided into two components:

contractual;
non-contractual.

In the first case, all the rules, obligations and responsibilities and penalties for non-compliance prescribed in the text of the contract are regulated. And in the second case, when the harm caused is not related to contractual relations and obligations.

Contractual civil liability is limited by the procedure, insurance rules, or liability under the law, or at the personal discretion of the parties.

That is, either the framework for the execution of the contract is regulated by the forms and limits of liability prescribed in the law, or both parties themselves agree on who, for what, when and how will be responsible under the contract.

Any agreements in this case must be clearly spelled out and agreed with all the specified lines, amounts, rights. Non-contractual (tort) civil liability is regulated exclusively by law and legal regulations.

It should be noted that the modes of responsibility differ from each other. For example, there are lawsuits in contract or tort:

according to the conditions of occurrence of damage;
on the burden of proof;
according to the statute of limitations;
by the presence or absence of compensation for "moral damage";
other modes.

Such a distinction of civil liability is necessary in cases of an unlawful act that are related to contractual obligations.

An example of this would be a situation where an injured passenger has the right to choose the type of statement of claim, modes of enforcement of a judgment.

Thus, when filing claims, a passenger can rely on the conditions for the occurrence of damage, the burden of guilt in its evidence, as well as compensation for “moral damage”.

Peculiarities

Civil Code Russian legislation highlights some features of the civil liability insurance contract, which is detailed in its second part, chapter 48, :

The insured risk of liability for breach of contract is provided for by law.
Only one policyholder can be insured against the risk of liability for breach of contract.
The beneficiary can also be insured against the risk of violation of the contract by the insured, whether it is stipulated in the contract or not, whether it was concluded in favor of the insured, in favor of other persons, or in no one's favor at all.

There are the most common insurance contracts that apply to various insured events and civil liability that differs from others.

These are the following types of liability insurance:

builder;
tour operator;
for causing harm;
carrier or liability to a large number of passengers;
owners of cars or taxis;
before third parties.

Considering the features of insurance coverage for different reasons and civil liability, separate attention should be paid to each type of contract.

Developer civil liability insurance contracts

Amendments to The federal law dated December 30, 2004, which came into force on January 1, 2014, developers will be required to fulfill certain obligations to transfer residential premises to participants in all shared construction agreements or other conditions.

Such an obligation is to provide a kind of collateral, which can be chosen from the following methods:

Bank guarantee.
Contract of civil liability insurance of the developer against the risk of non-fulfillment of its obligations related to the transfer of the constructed housing to the participants shared construction or under other conditions.

An insurance contract must be concluded even before all documents are submitted to RosReestr under an agreement on participation in shared construction or another construction agreement.

The object of insurance, in this case, will be the property interests of the developer (Insured), which, in turn, are related to the interests of participants in shared construction (Beneficiaries).

An insured event is designated as a failure by the Insured to fulfill the contractual obligation to transfer housing to the participants in the construction contract. All sums insured and losses are calculated on the basis of the equity participation agreement.

Tour operator

In the case of contractual relationships under a travel contract and failure to fulfill their obligations on the part of the tour operator (Insured), clients (Beneficiaries) of a travel company, concern or organization have full right submit a written claim to cover all their expenses, including the cost of the tour.

All actions are regulated by the Federal Law "On the basics of tourism activities" dated 11/24/1996. with the addition of the FSSN License No. 3116 16-21 dated February 18, 2008, as well as the Civil Liability Insurance Rules.

insurance risks in this case will be:

losses caused due to improper or complete failure to fulfill obligations by the Insured;
finding in the tourist product something that was not promised to the Beneficiary;
violation of the security measures of its client by the Insured during the organization and in the course of a tourist trip.

Insurance indemnities in these cases include contractual amounts, as well as insurance indemnifications for compensation of real damage to the Beneficiary.

For causing harm

V Civil Code RF, the Law on Insurance, Chapter 48 “Insurance”, prescribes those provisions of liability that form the basis of both contractual and tort forms of regulation of indemnities for insured events.

Namely:

It is allowed to insure the risk of liability of the insured himself under the contract, where he bears obligations in case of harm to health, life, property of other persons.
The one who is responsible for causing harm or failure to act under the contract must necessarily spell out his name. If this is not done, then all insurance risks are borne by the insured.
A civil liability insurance contract in case of damage or harm to health, life, property will always be considered concluded in favor of the victims, regardless of whether the insured himself or any other person who may be responsible for causing harm is insured or not.
In the case of compulsory civil liability insurance, the policyholder is always entitled to demand insurance from the insurance company in the amount specified in the contract.

Carrier

The responsibility of the carrier to citizens in Russia is regulated by the Federal Law of 14.06.2012. Moreover, this law obliges all legal entities, enterprises, firms and organizations that provide services of any type of transportation to insure their civil liability in case of transportation of passengers.

In addition to the subway and passenger taxis, the following types of transport must be insured:

Transport owners

The owners of a taxi fleet or an individual vehicle unit must conclude an agreement with an insurance company on - compulsory insurance motor vehicle liability. This is obligated by the Federal Law of April 25, 2002 No.

Today, this type of insurance is the most common. The main insured events here can be:

damage to a passenger or other car as a result of an accident;
damage to property in the absence of damage to the health of the victim;
subject to the participation of two vehicles, and not more;
both vehicles involved in an accident have OSAGO policies.

To third parties

Using the example of a contract for construction and installation work, you can see what civil liability to third parties is.

The insurance contract may be concluded between the developer company (1 Insured), the general contractor of construction works (2 Insured) and the insured person (the Beneficiary).

The objects of insurance may be property interests, damage and harm caused to third parties when construction and installation or commissioning works are being carried out.

Insured risks in this case are:

harm to the health or life of third parties;
damage to the integrity of the property of third parties;
damage to health, property and life of third parties simultaneously in one case.

The procedure for conclusion and execution, what documents are required

The execution of an insurance contract for any civil liability is always carried out in a certain order.

And this procedure is regulated by the Insurance Rules, which include:

filing an application in writing with a request to provide insurance services;
meeting of both parties to the contract and negotiations, where all conditions and obligations are discussed - the insurer is obliged to notify the insured about all the conditions, risks and privileges of a particular insurance product;
in accordance with the principle of the highest good faith in the field of insurance, the person providing such services is obliged to notify of all conditions honestly and in full;
the will of the insured is written;
the contract indicates the surname, name and patronymic and contact details of the insured;
it is also mandatory to discuss and indicate the sum insured for risks of property damage or compensation for losses;
the insurance period, premiums, type, method of making insurance premiums should be indicated;
non-insured events are indicated in which the insurance policy is not valid, and payments are not assigned.

civil liability for causing harm due to shortcomings in the work that affect the safety of capital construction facilities in the person acting on the basis of, hereinafter referred to as " Insurer”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Policyholder”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Policy, the Insurer undertakes, for the fee (insurance premium) stipulated by the Policy, upon the occurrence of an event (insurance event) provided for in the Policy, to compensate, within the sum insured and liability limits established by the Policy, the damage caused to third parties (the Beneficiaries) due to shortcomings in the work performed by the Insured a person who has an impact on the safety of capital construction projects.

1.2. The object of insurance is the property interests of the Insured that do not contradict the current legislation of the Russian Federation and are associated with his obligation, in accordance with the procedure established by the current legislation of the Russian Federation, to compensate for harm caused to life, health and / or property of third parties (the Beneficiaries), due to shortcomings in the work that affect on the safety of capital construction projects. The property of third parties in the Agreement means property owned by individuals and legal entities of any organizational and legal form; state and municipal property; including environmental objects, animals and plants; objects of cultural heritage (monuments of history and culture).

1.3. Liability is insured under the Policy (hereinafter referred to as the "Insured Person").

1.4. According to the application for the list of works for obtaining a Certificate of Admission or According to the Certificate of Admission, the activity of the Insured Person (the insured activity) is related to the performance the following types works: .

1.5. Territory of insurance: Russian Federation.

2. INSURED EVENT. INSURANCE RISKS

2.1. The insured event is:

2.1.1. The onset of civil liability of the Insured person for causing harm to third parties on the basis of claims presented to him during the validity of the insurance contract by the Beneficiaries for compensation for harm caused during the validity of the insurance contract, due to an error, omission or negligence committed by the Insured during the validity of the insurance contract - for insured activities related to engineering surveys;

2.1.2. The onset of civil liability of the Insured person for causing harm to third parties on the basis of claims presented to him during the validity of the insurance contract by the Beneficiaries for compensation for harm caused during the validity of the insurance contract, due to an error, omission or negligence committed by the Insured during the validity of the insurance contract - for insured activities related to the preparation project documentation;

2.1.3. The onset of civil liability of the Insured person for causing harm to third parties on the basis of claims presented to him during the validity of the insurance contract by the Beneficiaries for compensation for harm caused during the validity of the insurance contract, due to an error, omission or negligence committed by the Insured during the validity of the insurance contract - for insured activities related to the construction, reconstruction, overhaul of a capital construction facility.

2.2. Upon the occurrence of an insured event, the Insurer shall indemnify:

2.2.1. Losses associated with causing damage to the property of third parties (destruction or damage) due to shortcomings in the work performed by the Insured Person (according to engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities);

2.2.2. Losses incurred as a result of causing harm to life and health of third parties (injury, disability, death) due to shortcomings in the work performed by the Insured Person (on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities), including:

earnings, which the victim has lost due to disability or its reduction as a result of injury or other damage to health;
additional expenses necessary to restore health (for treatment, additional food, purchase of medicines, Spa treatment, special medical care, prosthetics, purchase of special vehicles, preparation for another profession, etc.);
part of the earnings, which, in the event of the death of the victim, were deprived by disabled persons who were dependent on him or had the right to receive maintenance from him;
burial expenses.

2.3. The insurer shall be released from the payment of insurance indemnity if the insured event occurred as a result of:

exposure to a nuclear explosion, radiation or radioactive contamination;
military operations, as well as maneuvers or other military measures;
civil war, civil unrest of any kind or strikes;
natural disasters, namely, earthquakes, volcanic eruption or the action of underground fire, landslide, mountain collapse, storm, whirlwind, hurricane, flood, hail or downpour and other natural phenomena;
other cases stipulated by the legislation of the Russian Federation and the Rules of Insurance.

3. SUM INSURED

3.1. Under this Agreement, the sum insured and limits of liability of the Insurer (maximum insurance payments) are established for each insured event in the following amounts: .

3.1.1. Including the limit of liability for each insured event under the contract is: rubles.

3.2. The parties establish a franchise in the amount of rubles.

4. INSURANCE PREMIUM

4.1. The insurance premium under the contract is: rubles.

4.2. The insurance premium must be paid by the Insured within working days from the date of conclusion of the insurance contract in a cashless manner.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The insurer has the right:

5.1.1. Check the information provided by the Policyholder/Insured Person and the fulfillment of the terms and conditions of the Contract.

5.1.2. Give recommendations to the Policyholder/Insured Person on the prevention of insured events.

5.1.3. Independently find out the causes and circumstances of the occurrence of damage, if necessary, send requests to the competent authorities upon the occurrence of damage.

5.1.4. Terminate this Agreement in the manner prescribed by the civil legislation of the Russian Federation.

5.1.5. If the degree of risk changes, demand a change in the terms of this Agreement.

5.1.6. Enter on behalf of the Policyholder/Insured person in negotiations and agreements on compensation for damage caused by an insured event.

5.1.7. Represent the interests of the Policyholder/Insured Person in court or otherwise exercise legal protection of the Policyholder/Insured Person in connection with an insured event (this right of the Insurer is not its obligation).

5.2. The insurer is obliged:

5.2.1. To familiarize the Policyholder with the Rules of insurance.

5.2.2. Ensure confidentiality in relations with the Insured.

5.2.3. In the event of an insured event stipulated by the Contract, pay the insurance indemnity.

5.3. After receiving a message about the occurrence of an event that has signs of an insured event, the Insurer is obliged to:

5.3.1. Find out the circumstances of the event.

5.3.2. After receiving the necessary documents, upon recognizing the event as an insured event, draw up an insurance act, determine the amount of damage and calculate the amount of insurance compensation.

5.3.3. Make an insurance payment or refuse to pay if there are grounds provided for by this Agreement or the Insurance Rules.

5.4. The insured has the right:

5.4.1. Require the Insurer to fulfill obligations under this Contract.

5.4.2. Early terminate this Agreement in the manner prescribed by the civil legislation of the Russian Federation and the Insurance Rules.

5.4.3. Obtain information from the Insurer regarding its financial stability which is not a trade secret.

5.4.4. Appoint experts, lawyers on issues related to the occurrence of an event that has signs of insurance, determining the amount of damage and the amount of insurance compensation.

5.5. The insured is obliged:

5.5.1. Pay the insurance premium in the amount and within the terms specified by this Agreement.

5.5.2. During the validity period of this Contract, immediately notify the Insurer of significant changes that become known to him in the circumstances reported to the Insurer at the conclusion of the Contract, if these changes can significantly affect the increase in insurance risk.

5.5.3. Comply with the terms of this Agreement and the Insurance Rules.

5.6. Upon the occurrence of an event that has signs of an insured event, the Policyholder is obliged to:

5.6.1. Immediately, but in any case no later than the following days (excluding weekends and public holidays), notify the Insurer or its representative about it in the following way (any of those listed at the option of the Insured): by fax: , by phone: , by e-mail: . Untimely notification of the Insurer about the occurrence of damage gives the latter the right to refuse to pay out the insurance indemnity, unless it is proved that the Insurer learned about the occurrence of the loss in a timely manner, or that the Insurer's lack of information about this could not affect its obligation to pay out the insurance indemnity.

5.6.2. Take reasonable and affordable measures in the circumstances to mitigate possible damage. The costs of reducing the damage subject to compensation by the Insurer, if they were necessary or were incurred to fulfill the instructions of the Insurer, according to the civil legislation of the Russian Federation, must be reimbursed by the Insurer, even if the corresponding measures were unsuccessful.

5.6.3. Take all necessary measures to find out the causes and consequences of the event.

5.6.4. Submit an application to the Insurer in the prescribed form and the following documents(materials):

a written claim of the injured third party for damages;
the court's decision ( arbitration court) on the recovery from the Insured in favor of a third party of the amount in which the damage caused to him is estimated. (If there is no dispute about the Insured's obligation to compensate for the harm (damage) and its amount, as well as if the Insurer recognizes the Beneficiary's right to receive insurance compensation for the stated claim, a court decision is not required);
available documents of the competent authorities on the facts, consequences and volumes of the damage caused;
certificates, invoices and other documents confirming the expenses incurred.

5.6.5. Ensure the participation of the Insurer in determining the amount of damage caused by the Insured to a third party.

5.6.6. Immediately notify the Insurer of all claims made to him in connection with the event.

5.6.7. Provide possible assistance to the Insurer in judicial and out-of-court protection in case of claims by third parties for damages.

5.6.8. Not to indemnify for damage, not to recognize in part or in full the claims made against him in connection with the event, and also not to assume any direct or indirect obligations to settle such claims without the consent of the Insurer.

5.7. The Parties have other rights and obligations provided for by the legislation of the Russian Federation and the Rules of Insurance.

6. TERM OF THE CONTRACT

6.1. The contract is concluded for a period of months and is valid from "" 2020 to "" 2020, subject to payment of the insurance premium in accordance with clause 4.2 of this contract, as well as receipt by the Policyholder of the Certificate of Admission.

6.1.1. Within working days from the date of receipt of the Certificate of Admission, the Policyholder is obliged to provide a copy of the Certificate of Admission to the Insurer. If the event or its causes occurred before the moment the Insured received the Admission Certificate, this event is not an insured event provided for by the Policy, and the insurance indemnity is not paid.

6.2. The contract is terminated in the following cases:

6.2.1. Expiration of its validity period (the Contract terminates at 24:00 on the day specified in the contract as the day of its expiration).

6.2.2. Fulfillment by the Insurer of obligations to the Insured under the Contract in full.

6.2.3. Non-payment of insurance premiums by the Policyholder within the terms established by the Contract.

6.2.4. Liquidation of the Insured, which is legal entity, or the death of the Insured, who is individual, except for the case of replacement of the Policyholder by agreement of the parties.

6.2.5. Liquidation of the Insurer in accordance with the procedure established by the legislative acts of the Russian Federation, restriction or suspension of its license.

6.2.6. Adoption of a decision by the court to recognize the Insurance Contract as invalid.

6.2.7. In other cases provided for by legislative acts of the Russian Federation.

6.3. The contract may be terminated ahead of schedule in the manner prescribed by the civil legislation of the Russian Federation and the Insurance Rules. The Parties are obliged to notify each other of their intention to terminate the Insurance Contract ahead of schedule days before the expected date of termination of the Contract.

7. ADDITIONAL TERMS

7.1. The conditions contained in the Insurance Rules and not included in the text of this Agreement are binding on the Policyholder (Insured Person). The Policyholder is familiar with the Rules of Insurance, agrees, received one copy in his hands.

7.2. After providing the Insurer with information and documents confirming the receipt by the Insured of the Certificate of admission to work, the Insurer is obliged to issue an insurance policy to the Insured within working days indicating the start and end dates of this Contract. The insurance policy is an integral part of the Contract.

8. LIMITATION

8.1. A claim for claims arising from this Agreement may be brought within the time limits provided for by the civil legislation of the Russian Federation.

9. FINAL PROVISIONS

9.1. This Agreement is made in two copies, having equal legal force, one for each of the Parties.

9.2. Any changes and additions to this Agreement are made in the form of additional agreements in a simple written form and constitute its integral part.

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Insurer

Policyholder Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

11. SIGNATURES OF THE PARTIES

Insurer _________________

Policyholder _________________

Please note that the service agreement is drawn up and verified by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

The fulfillment of obligations by the construction company to the shareholder and the timely transfer of property is guaranteed by the developer's civil liability insurance contract. What are the features of this term, and what is hidden under it? What principles underlie such insurance? What algorithm is used to conclude an agreement, and what can the current legislation protect against? Knowing these nuances helps the equity holder to protect the interests of the construction company in case of violation of the latter agreement on equity participation.

In 2014, a law came into force that introduces the term of civil liability of the developer to the buyer of real estate under the DDU. Based on the adopted bill, the construction company is responsible for the late transfer of the object to the client, bankruptcy before the transfer of the building, as well as the evasion of obligations. In fact, the civil liability of the developer is a set of measures aimed at protecting the interests of the equity holder.

The essence of civil liability insurance for developers

The new Federal Law No. 214 states that the developer is obliged to transfer the property to the client in a timely manner, taking into account the conditions and requirements prescribed in the DDU. The fulfillment of the mentioned prescription is ensured as follows:

The presence of a guarantee from a banking institution.
Participation of the developer in a mutual insurance society.
Drawing up an insurance contract, which stipulates the responsibility of the construction company to the client.

The object of insurance is the property interests of the developer company, which has obligations to the participants of the DDU. An insured event is considered to be a situation if the construction company untimely or improperly fulfilled its obligations to transfer the property. The fact of non-fulfillment of the terms of the contract must be confirmed by one of the following documents:

The court decision, which has entered into force, contains an appeal regarding the recovery of bail, taking into account Federal Law No. 214 (Article 14).
Arbitration decision on the recognition of the bankruptcy of the developer.
A document confirming the amount, composition and sequence of payments (extract from the register of claims).

How is insurance carried out?

Companies that carry out construction activities and conclude agreements with equity holders, are required to provide collateral. It can be a piece of land on which a new building will be located. The contract also specifies the way in which the developer ensures obligations to the client. The papers must be signed even before the state registration of the first DDU and are valid until the transfer of the object to the new owner.

In case of termination of the transaction, the company is not released from the obligation to compensate for losses in cases that occurred during the period of the contract. The object of insurance can be an apartment separately or a whole house. The first option is unprofitable for the developer, because he must make a large payment. There must also be confidence in the sale of all apartments in the house.

The disadvantage is the fact that under the insurance contract it is difficult to determine who acts as the beneficiary. If we are talking about insuring a construction company in the process of building a building and transferring objects under the DDU, there is no discount in the form of a franchise. The rest of the conditions are standard:

The insurance company is obliged to inform shareholders about the amount of funds transferred as insurance compensation.
The insurer has the right to apply to the developer with regressive claims.
The insurance company must inform property owners about the premature termination of the agreement.
The period of validity of the contract may vary and depends on the timing of the delivery of the object.

The amount of compensation is determined taking into account the cost of housing and applicable rates. The amount of payments should be more than the appraisal of the value of real estate (residential premises). In this case, the insurer independently decides on the method of transferring funds. There are two options here - a one-time payment or an installment payment.

To conclude this section, let's highlight the key points:

Shareholders act as beneficiaries under an insurance contract.
The execution of the contract is carried out by the developer at his own expense and is mandatory before the registration of the first DDU. After the construction company is obliged to inform customers about the terms and conditions of the insurance agreement.
Rosreestr is responsible for monitoring the fulfillment of the developer's obligations. If the developer does not have an insurance contract, the conclusion of any agreements with the equity holder becomes impossible - DDU will not be registered.
An insured event is a situation that implies a violation by the construction company of its obligations. As noted above, the fact of violation of the contract must be documented - by a court decision.
The period of validity of the insurance contract is equal to the period of construction of the facility specified in the project documentation.

Tariffs and sums insured

The insurance policy of a construction company is an expensive pleasure, which costs 0.5-0.8% of the value of the object. If we are talking about a contract for a long period, you can achieve a reduction in tariffs by 15-30%. In the case of a large developer, which is a regular client of the insurer, the rate may be lower - from 0.35 to 0.4.

It is worth noting that the insurance company itself sets the rate and calculates the coefficients taking into account the annual percentage. This is done so that the construction company, in the event of force majeure, could not evade the fulfillment of obligations. At the same time, the coefficients directly depend on the level of risk and often change during the period of the contract.

The amount of the insurance premium is determined taking into account tariffs and the period of validity of the agreement, which is equal to the period of construction of the object. The rates are calculated as a percentage, which guarantees the convenience of calculation and eliminates the risk of the insurer's refusal to fulfill obligations.

The rate itself depends on the following factors:

Participation of a construction company in the holding.
The level of financial stability.
A positive response to past transactions - deadlines, the number of objects, the presence (absence) of claims, the work of offices in various regions of the country, and so on.
Stage of construction of the object.
The number of participants in the DDU.
The timing of the transfer of the finished object.
Legal support, which must be documented.

The minimum sum insured is calculated according to the insurance contract, and it is based on the cost of the DDU. At the same time, the amount of payment cannot be less than the amount that is calculated taking into account the living area of the shared construction object, as well as the parameters of the average market price for one "square" total area. The last indicator is determined government agency, which performs the functions of regulation in construction industry. Also, this parameter of average market value later used to calculate the amount of social payments for the purchase or construction of real estate at the expense of the state. All indicators are taken at the time of the conclusion of the DDU.

The process of making a contract

The insurance contract comes into force from the moment when the developer has made the first insurance payment. Subsequently, the agreement is valid until the completion of construction, and its early termination does not deprive the equity holder of the right to receive a compensation payment. In case of early termination, the insurance company must inform the participants of the DDU.

To register the agreement, the construction company must submit the document to Rosreestr. To do this, you need to collect a complete package of documents, namely:

A copy of the articles of incorporation.
Declaration on the project under construction.
Certificate confirming the process of state registration.
Permission to start construction work in a certain area.
Feasibility study.
Information about creditors.
Copy of financial statements.
A certificate confirming the absence of delinquency on loans in other banking institutions.

What does insurance cover?

According to the current rules, the risk that implies a violation by the construction company of the contract regarding the timely transfer of the property (house, apartment) is considered to be insured. For failure to fulfill obligations, the developer is punished, and the shareholder has the right to count on reimbursement of funds or registration of housing in the property.

Insured events include:

Interruption of construction work.
Bankruptcy of a construction company.
Absence of the fact of transfer of real estate to the shareholder.
Refusal to return the money invested in the construction of the facility.

The volume of risks that one organization is entitled to insure is not limited by law. The limit exists only in relation to the amount of the premium paid.

Insurance for construction companies carries increased risks and can lead to serious losses, so few companies work in this area. Despite this fact, Central bank The Russian Federation has compiled a list of companies in which developers can insure liability and conclude a general contract.

The above list includes Insurance companies, such as VTB, VSK, Investstrakh, ISK Euro-Polis, NASKO Tatarstan, Help, BALT-Insurance, Priority insurance and many others. The list also includes more than 200 companies that can act as guarantors for construction companies.

Results

The insurer, within the limits of obligations, is responsible for the entire period of the agreement and even within two years from the date of its completion. It should be noted that civil liability insurance of the developer is a necessity, and its control can be exercised through Rosreestr. Without this, the developer will not be able to compete with other construction companies and will quickly fall out of the “cage”.