Subjects of insurance: concept, rights and obligations

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In the insurance procedure, there are two main subjects - the one who insures (the insurer) and the one who is insured (the insured or the insured). There are such types of insurance as compulsory and additional. In any form, the subjects of insurance are independent and equal parties from a legal point of view.

Who are insurers?

The insurer is an insurance organization that has the right to do so, as it has received the appropriate license to conduct this activity.

The activity of the insurer is based on the conclusion of insurance contracts with citizens or legal entities who are trying to protect their property, life, he alth or other values.

Insurers can unite into groups if large risks are simultaneously assumed by several large companies.

There are times when insurance contracts require reinsurance. In these cases, the reinsurer replaces the insurer.

Forcompanies operating abroad are characterized by the inclusion in the contracts of interested parties, the so-called intermediaries.

Who are policyholders in insurance?

These are citizens or business entities that enter into relationships with insurers and pay insurance premiums.

Contracts regulated by federal laws are concluded between insurance subjects.

By paying insurance premiums, a citizen or business organization has the right to receive funds from the insurer in the event of an accident that resulted in the loss of property or other valuables of a person. If it is liability insurance or personal insurance, then the reimbursement is transferred to another person specified in the contract.

Insurants in this process insure their own interests or the interests of the other party, that is, they can conclude contracts for insurance of both their property or other valuables, and prescribe third parties in the document.

What types of insurance can be divided?

Allocate compulsory and voluntary insurance.

The mandatory rights and obligations of insurance subjects are regulated by legislative acts.

In voluntary insurance, an agreement is concluded between the participants in the process, which establishes the rules. At the same time, other parties in whose favor an agreement has been concluded can also take part in personal insurance.

Features of voluntary insurance

In most cases, contracts betweenby subjects of insurance on a voluntary basis are concluded in the event that an unforeseen situation arises in the life of the insured himself, which will deprive him of certain values. Therefore, it is generally accepted that the concepts of "insured" and "insured" are the same here.

There are also cases where these subjects do not match. For example, if an organization insures its subordinates against an accident at work. At this moment, the enterprise acts as an insured, and employees as insured.

Common among people is life insurance for children or for the procedure for the birth of a new family (for marriage). In this process, the insured are the parents, and the insured are the children.

It can be said that an insured person is a citizen whose life, he alth, property or pensions are insured by the relevant organization. At the same time, either he voluntarily agreed to this, or it is his duty under a special federal law.

What is compulsory insurance?

This is a form in which the subjects of compulsory insurance build their relations at the level of the law.

The difference from the voluntary one is that the insured is obliged to insure the property or life of other people. As well as my responsibility to them.

Insurers are ministries and federal executive bodies, which are allocated funds from the budget of a certain level.

The law provided for a procedurestate insurance in order to ensure not only the social interests of citizens, but also the interests of the state itself.

What is property insurance?

The subjects of insurance in this case are both individuals and organizations, enterprises, institutions and even tenants who accept property for storage.

In the property insurance contract, its second owner may be indicated, which becomes the main insured in the event of the death of the first.

Rights of insured citizens

The insured person is a citizen who has the following rights:

1. In the event of an insured event, these persons have the right to receive assistance in any medical institution if they have a compulsory medical insurance policy.
2. They have the right, at their discretion, to apply for the choice of the medical insurance organization they like.
3. In case of a change of residence at any time or no later than November 1 of the current year, apply to change such an organization.
4. Require information on insurers and policyholders.
5. Receive timely insurance coverage established by the law of the Russian Federation.
6. Defend your rights in court.
7. Make proposals on tariffs for insurance premiums not only to insurers, but also to the Government of the Russian Federation.

In addition to the most insured person, his family also has the right to insurance coverage.

Obligations of insured individuals

Along with rights, everyoneCitizens have certain responsibilities. These include the following:

1. Timely provide insurers with documents that confirm the right to pay insurance coverage.
2. Pay mandatory contributions without delay, if required by law.

Of course, insurers also have their rights and obligations. Consider them.

Basic rights of insurers

Insurers, or insurance companies, are en titled to:

1. Conducting an examination for the validity of an insured event.
2. A thorough check of documents confirming the payment of contributions.
3. Not accepting payments for compulsory insurance if the insured person transferred them in violation of the legislation of the Russian Federation.
4. Requirement from the insured to transfer funds - arrears on insurance premiums and pen alties on them.
5. Imposition of a fine for late payment of mandatory insurance premiums.
6. If the law allows, then insurers can grant the insured a deferment to pay premiums.
7. Implementation of insurance for individual entrepreneurs.
8. Defending your rights in court.

All rights of insurers are secured by the legislation of the Russian Federation.

Main responsibilities of insurers

Their duties include the following:

1. Justify premium rates for employers and unionsorganizations.
2. Collect premiums and pay your insurance coverage on time.
3. Take measures to finance yourself and constantly report on your sustainability to policyholders, insured citizens, public and government organizations.
4. Keep records of insured persons and policyholders, as well as contributions received.
5. If provided by federal law, then insurers are required to register policyholders.

Informing policyholders on all issues related to compulsory insurance is free of charge.