For all cases of death - Kommersant

For all cases of death - Kommersant

Banks will be required to present to the insurer a claim for insurance payment in the event of an insured event (including the death of the borrower) under loan agreements. The current practice often leads to debt collection through the courts, human rights activists point out. According to lawyers, the introduction of the new rule will protect the client by making the relationship between the parties to the transaction more transparent.

On Thursday, May 25, the State Duma adopted in the first reading amendments to the law "On consumer credit (loan)". According to them, in the event of an insured event under credit insurance contracts, for example, death, disability, illness, etc., the bank will be obliged to submit a claim to the insurer for the payment of insurance compensation. The bank will send these funds to pay for a consumer loan, follows from the bill. The calculation of the debt of the borrower after the occurrence of an insured event will be carried out in accordance with the terms of the concluded insurance contract, it says there.

The explanatory note notes that the document was prepared to combat the practice when credit institutions collect from borrowers or their successors credit debt, which must be fully or partially repaid through insurance compensation.

An insurance payment is always made in a declarative manner, that is, someone must ask the insurance company to make a payment, submit documents confirming the occurrence of an insured event, and only after that the insurer checks the documents, facts, insurance payment, Stanislav, partner at the Pen & Paper Bar Association, explains. Danilov. At the same time, VCC Vice President Viktor Dubrovin assures that at present "there is a practice when credit institutions and insurance companies in such cases try to actively interact and minimize the timing and logistics of payments."

However, experts note that the problem is serious. “Our practice shows that often the heirs are not aware of either the debt obligations of the testator, even if they are in a marital or closely related relationship, or the existing insurance contracts that accompany loans from deceased or injured borrowers,” points out the head of the Narodny Front project. For the rights of borrowers” ​​by Evgeny Lazareva.

According to her, the analysis of judicial practice on such disputes shows that in most cases court decisions are made obliging the heirs to pay the testator's bills. “In these solutions, questions to insurance companies are almost never found, while, according to current legislation, banks are not required to verify which cases are considered insurance cases and demand payments from insurers,” she notes.

It should be borne in mind that in the vast majority of cases, when issuing a loan, an insurance contract is concluded with those insurance companies that cooperate with the bank. It is obvious that these organizations receive mutual benefit from such interaction - obtaining insurance from an insurance company friendly to the bank, says Artem Abramov, managing partner of Vinder Law Office.

Lawyers are sure that the draft law will create more transparent conditions for receiving insurance compensation after the occurrence of an insured event.

According to Yury Fedyukin, managing partner of Enterprise Legal Solutions, banks actually include insurance in the loan agreement, but they do not receive information from insurance companies in the event of such an event, since communication - the lender, the insurance company and, for example, the borrower's heirs - is not well established. Thus, the bill will correct these weaknesses and allow banks to directly apply to insurance companies to receive an insurance payment in case of such a need. Subsequently, this will reduce pressure on the judicial system and protect the rights of heirs from excessive pressure from creditors, the expert believes.

At the same time, if the amendments are adopted, credit institutions will be even more careful in choosing insurance companies, since they will be interested not only in the financial benefit from the very fact of offering the borrower to conclude an insurance contract with a specific insurer, but also in ensuring that the insurer properly performs their obligations to the bank for the payment of insurance compensation, notes Mr. Abramov.

Julia Poslavskaya, Polina Trifonova

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