RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 25, 2024 No. 19

About application by courts of the legislation on voluntary insurance of property

For the purpose of ensuring the correct and uniform permission with courts of disputes on voluntary insurance of property the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

Legal regulation of the relations on voluntary insurance of property

1. The relations on voluntary insurance of property are governed by regulations of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation" (further - the Law on the organization of insurance case), the Maritime Code of the Russian Federation, other Federal Laws, in particular the Federal Law of January 10, 2003 No. 18-FZ "The charter of rail transport of the Russian Federation", the Federal Law of November 8, 2007 No. 259-FZ "Charter of road transport and urban land electric transportation", the Law of the Russian Federation of February 7, 1992 No. 2300-I "About consumer protection" (further - the Marine life protection act of the rights of consumers), and other legal acts published according to the called laws in particular specifying of the Bank of Russia of November 20, 2015 No. 3854-U "About the minimum (standard) requirements to conditions and procedure of separate types of voluntary insurance" (article 3 Civil Code of the Russian Federation).

2. In the part which is not settled by special laws extends to the relations on voluntary insurance of property arising between the insurer and the insurer (beneficiary) who is physical person, the Marine life protection act of the rights of consumers in cases when insurance is performed for the personal, family, house, domestic and other needs which are not connected with business and other economic activity.

3. The law existing at the time of the conclusion of the corresponding insurance contract of property except cases when in the law it is determined that its action extends to the relations which arose from earlier signed agreements (article 422 Civil Code of the Russian Federation) is applied to the relations on voluntary insurance of property.

Agreement of voluntary insurance of property

4. The agreement of voluntary insurance of property (further also - the agreement, the insurance contract, the agreement of voluntary insurance) the agreement between the insurer and the insurer signed in writing according to which the insurer shall for the payment (insurance premium) caused by the agreement in case of approach of the event (insured event) provided in the agreement to compensate to the insurer or the other person for benefit of whom the agreement is signed (beneficiary), caused thereof events losses in insured property (to make insurance indemnity) within the amount (insurance sum) (Item 1 of article 929 Civil Code of the Russian Federation) defined by the agreement is recognized.

5. Participants of insurance legal relationship are agreement parties of voluntary insurance of property (the insurer, the insurer), and also the third parties (for example, the beneficiary).

The beneficiary - physical person or legal entity for benefit of which the insurance contract is signed and which has interest in preserving insured property (Item 1 of Article 929, Item 1 of Article 930 and article 939 Civil Code of the Russian Federation), for example the lessor - the owner of property for benefit of which the lessee signs the insurance contract of leased property. The consent of the beneficiary to the conclusion in its advantage of the agreement of voluntary insurance of property is not required.

The insurance contract of property for benefit of the beneficiary can be signed without specifying of name or the name of the beneficiary (Item 3 of article 930 Civil Code of the Russian Federation).

6. The agreement of voluntary insurance of property shall be signed in writing, including can be signed in electronic form, signed by the parties, or by exchange of electronic documents or other data with the help of the electronic or other technical means allowing to reproduce on the material carrier in invariable type contents of the agreement (paragraph two of Item 1 of Article 160, Article 434, Items 1 and 2 of article 940 Civil Code of the Russian Federation, item 4 of article 6.1 of the Law on the organization of insurance case). Non-compliance with written form of the insurance contract of property attracts its negligibility (Item 2 of Article 162, Item 2 of Article 168, Item 1 of article 940 Civil Code of the Russian Federation).

The written form of the insurance contract is considered to the insurer observed in case of delivery based on its written or oral statement of the insurance policy (the certificate, the certificate, the receipt) signed by the insurer. The consent of the insurer to sign the agreement on terms offered by the insurer is confirmed by acceptance from the insurer of the relevant documents (paragraphs of the first and second of Item 2 of article 940 Civil Code of the Russian Federation).

In case of the direction the insurer to the insurer - physical person (except for the physical person registered as the individual entrepreneur insuring the valuable interests connected with implementation of business activity) based on its written or oral statement of the insurance policy (the certificate, the certificate, the receipt) signed by the strengthened qualified digital signature of the insurer, the agreement of voluntary insurance constituted in the form of the electronic document is considered the prisoner on terms offered by the insurer after payment of insurance premium (insurance premium) by the insurer. In this case the consent of the insurer - physical person with the conditions containing in the insurance contract and rules of insurance is confirmed by payment of insurance premium or insurance premium (item 4 of article 6.1 of the Law on the organization of insurance case) by it.

7. The insurance policy (the certificate, the certificate, the receipt) is the document confirming the conclusion of the agreement of voluntary insurance of property, other is not proved yet.

In case of presentation by the insurer (beneficiary) of the original of the insurance policy and other documents, stipulated in Item 2 articles 940 Civil Codes of the Russian Federation, availability of contractual relations with the insurer it is supposed.

8. The consent of the insurer with terms of the contract, including with rules of insurance, shall be expressed directly, unambiguously and in such a way which would exclude doubts concerning its intention to sign the agreement of voluntary insurance of property on the specified conditions.

For establishment of contents of the insurance contract, its essential conditions it is necessary to take contents of the statement of the insurer, the insurance policy, other documents, and also rules of insurance into account if the agreement is signed on the conditions containing in these rules.

9. In case of the conclusion of the agreement of voluntary insurance of property in writing the conditions of rules of insurance which are not included in the text of the insurance contract (insurance policy) are obligatory for the insurer (beneficiary) if in the agreement (insurance policy) directly it is specified application of such rules and rules are stated in one document with the agreement (insurance policy) or on its back or attached to it. In the latter case delivery to the insurer in case of the conclusion of the agreement of rules of insurance shall be certified by entry in the agreement (Item 2 of article 943 Civil Code of the Russian Federation).

The insurance contract electronically is considered the prisoner based on the rules of insurance containing in the separate document and posted on the official site of the insurer, only if the insurer was informed of them and the insurance contract contains the record certifying such acquaintance or there is confirmation of acquaintance with rules of insurance signed by the digital signature of the insurer.

In the absence of confirmation of acquaintance of the insurer with rules of insurance on which the reference in the insurance contract is contained and (or) marks about delivery to their insurer provisions of these rules of insurance are optional to the insurer.

10. The insurer (beneficiary) has the right to refer in protection of the interests to rules of insurance on which there is specifying in the insurance contract (insurance policy) even if these rules owing to Item 2 of article 943 Civil Code of the Russian Federation are optional to it (item 4 of article 943 Civil Code of the Russian Federation). In this case conditions of rules of insurance are applied in their interrelation with other terms of the contract.

11. If terms of the contract of insurance, documents, stipulated in Item 2 articles 940 Civil Codes of the Russian Federation, and rules of insurance based on which the agreement is signed contradict each other, then the priority is given to those conditions which are individually approved by agreement parties (Item 3 of article 943 Civil Code of the Russian Federation).

12. In case of the dispute resolution, the citizens following from agreements of voluntary insurance of property, it is necessary to consider that to the insurance contract in that its part in which it is concluded on the terms of the standard rules of insurance developed by the insurer or merging of the insurers are subject to application of the rule of article 428 Civil Code of the Russian Federation about the agreement of accession.

If the draft agreement of voluntary insurance of property was offered by the insurer and contained the conditions which are obviously burdensome for the insurer and essentially breaking balance of interests of the parties (unfair contractual conditions), and the insurer was put in position, the complicating approval of other contents of separate terms of the contract (that is was "weak" agreement party) is considerable, the court has the right to apply to such agreement of provision of Item 2 of article 428 Civil Code of the Russian Federation about agreements of accession, having changed or having terminated the relevant agreement upon the demand of the insurer (Item 3 of article 428 Civil Code of the Russian Federation).

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