Damage insurance is currently subject to movable and real estate, human health and life. Also, citizens can protect themselves from accidents through insurance. A life insurance contract is most often used when applying for a loan. Thus, banking institutions want to protect themselves from non-payment by the borrower of debt in the event of an insured event, namely, death or disability of group I. How to terminate the insurance contract (by analogy with the termination of the loan agreement) and in what cases it will be possible, we will consider in more detail.
Timing
According to civil law, a citizen who has drawn up an insurance contract has the opportunity to terminate the above agreement and return part of the unused Money in proportion to the remaining period, if:
- the probability of an insured event has disappeared;
- Availability insurance risk disappeared due to factors that do not affect the insured event. The above factors are considered - the death of the insured property or the bankruptcy of the insurer.
You can also terminate the insurance contract ahead of schedule, without waiting for its expiration. However, if this special opportunity is not provided for in the agreement itself, then it will be impossible to return funds for the unused period.
Many policyholders expressed dissatisfaction with the imposition of an insurance contract upon taking credit loan and in connection with this fact, the Central Bank introduced the concept of a “cooling period”, starting from November 2015, when it is legally allowed to terminate the agreement.
Cooling period is a five-day period from which the calculation of the conclusion of the insurance contract begins and which is given to an individual(to the policyholder) to terminate the existing agreement. The procedure is carried out in unilaterally and with small financial losses or without them at all, if the insured event did not occur.
The insurer carries out partial return Money to the policyholder who decides to terminate the agreement ahead of schedule if the insurance contract is valid for several months. The calculation of payments is made dependent on the time that has passed since the conclusion of the document.
It should be remembered! After the "cooling off period", terminate the insurance contract it will only be possible if the above document meets the relevant criteria.
How to terminate a life insurance contract?
Decor insurance policy life is most often an additional service when taking a loan from a banking institution and is considered a voluntary procedure. You can terminate the contract with the insurance company by following the step-by-step algorithm of actions:
- collection and preparation of necessary documentation;
- contacting the insurance company with a written application;
- consideration of the application within a ten-day period by the insurance company;
- final termination of the insurance contract and calculation of payments.
The transfer of funds is made within a period not exceeding a ten-day period. The following list of documents must be attached to the application:
- an identity document of the applicant-insured - in the original and a photocopy;
- duplicate and original life insurance contract;
- papers confirming the legitimacy of the reasons for canceling the agreement.
An existing agreement between the insured and the insurer can be terminated during the “cooling off period” or in another period, if this condition is specified in the agreement.
By loan
When taking a loan, employees of a banking institution often impose an additional obligation to draw up a life insurance contract. In case of early termination of a life insurance contract on a loan follows in without fail notify the credit institution.
To terminate the agreement unilaterally, the type of signing of the document should be taken into account. Employees in a banking institution offer their customers the following ways to obtain an insurance policy:
- execution of an individual insurance policy;
- joining a collective insurance program.
In the latter case, there is a signed agreement between the bank and the insurance company. The borrower is included in this document and he is considered insured from that moment on. The insurance payment is the payment of the relevant commission to the credit institution for the operation of joining the above program. It is not possible to terminate the agreement during the “cooling off period” in this case..
The main condition for the possibility of terminating the agreement is the presence of such a condition in the concluded agreement. The amount of the returned funds may not be 100 percent, because banking institution the right to collect personal income tax from individuals.
With voluntary insurance
According to generally accepted rules, an agreement with an insurance company can be terminated within a five-day period, which is called the “cooling off period”. Refunds are made in full if the insured event has not occurred within a given period of time.
After 5 days, the policyholder should refer to the content of the existing insurance contract. If the return of finances upon early termination is a prescribed item, then you can return the money, but not in full size. To terminate the agreement, you must apply in writing to the insurance company.
The transfer of funds is carried out in proportion to the unused time with the deduction of the costs of doing business. The above costs can range from 25 to 90%. In insurance rules, there are sometimes definitions that predetermine a deduction from the amount due after cancellation, equal to the amount of payments made.
How to draw up an application to terminate the insurance contract, we will consider further.
Statement
You can terminate the agreement with the insurance organization by drawing up an application. The signed document is submitted in person to the company or sent by registered mail. A written appeal is drawn up in two copies - one remains with the applicant, the other with the insurance company.
The standard sample application must contain the following information:
- fixing without abbreviations the name of the insurance organization;
- information about the insured - full name, place of residence, passport details;
- indication of information about the life insurance contract - the number of the insurance policy, the date of signing and the date of expiration of the document;
- a description of the reason why the policyholder wishes to terminate the agreement;
- expression of a request to terminate the agreement and return the funds for the unused period;
- fixing the method of implementation financial payments- in cash or non-cash, by transfer to a bank account;
- date and signature.
You can download a sample application for termination of a life insurance contract. link .
Refund
If the policyholder wants to cancel the life insurance service and terminate the contract, he can use the so-called "cooling off period" over a five-day period from the date of the service. The insurance organization is required by law to comply with the above regulations.
It should be remembered!According to the order of the Central Bank, from January 1, 2018, the five-day period will be extended by two weeks.
If the decision to terminate the life insurance contract was made at the very beginning of its validity, then the refund is made in full. The main condition is not the occurrence of an insured event during this period.
After the specified 5 days, the refund is made in proportion to the unrealized insurance time. Consider the following situation:
An individual has signed a life insurance contract, the validity period is 20 years. After a five-year period, the citizen decides to terminate the agreement. 70% of paid fees are refundable.
The transfer is carried out within a maximum of 10 days after the consideration of the application and the adoption of a positive decision.
What to do if the insurance company refuses to terminate the contract?
Terminating an insurance contract is not easy. The insurance organization may refuse in the following cases:
- the application for termination of the agreement was drawn up with errors;
- the relevant condition is not fixed in the document;
- an insured event has occurred.
In some cases, the refusal of the insurance organization to terminate the agreement does not have legal grounds. In this case, you can apply with a corresponding claim to the Central Bank of Russia or solve the problem in court.
The claim is sent to arbitration Judicial authority with a formulated request to terminate the life insurance contract. In the case of taking a loan, after a month, you can achieve a 100% return of funds. If more time has passed, then you can only achieve a return of 50%. Within a month after accepting the application for consideration, the court makes a positive decision to terminate the insurance contract and obliges the insurance company to make a payment.
Download Sample statement of claim to terminate the life insurance contract.
Rosgosstrakh is one of the largest insurance companies and offers its clients a wide range of insurance services, including the opportunity to insure their lives in case of unforeseen circumstances.
But the client may have circumstances that require him to return the money: for example, if the insurance service was simply imposed on him.
Terms and grounds for termination of the contract
If sum insured in the insurance contract is set equal to the loan debt on the date of commencement of insurance and remains constant throughout the entire period of insurance, then it will not be possible to return part of the insurance premium.
The only chance to do this is to prove that the treaty was imposed.
Conditions for terminating an insurance contract when applying for voluntary life insurance
Under the contract voluntary insurance with Rosgosstrakh during the cooling period, it is quite easy to return funds. After that, the premium is returned as part of the paid insurance premium in proportion to the unused period of time, minus the expenses of the insured person for doing business.
Upon termination of the contract of accumulation or investment insurance life, the insured can return part of the money spent. This is not so much the amount of the insurance premium, but the formed insurance reserve at the date of termination insurance contract(in other words - the redemption amount).
This amount must be established at the time of conclusion of the insurance contract and indicated in the insurance documentation. Usually, the redemption amount approaches the size of the insurance premium only at the end of the insurance period.
Rules for compiling and submitting an application
In order to terminate the insurance contract and return the money, a citizen must submit a written application to the Rosgosstrakh office demanding that part of the premium be returned to him and terminate the contract.
The application is submitted by the person to the office of the company at its location(the place of receipt of relevant applications from citizens) in person or through authorized representative. In practice, Rosgosstrakh's clients often face various difficulties when returning money. For example, the corresponding application is accepted only in the main (republican or regional) branch of the insurance company. Whereas at the local office it may not be accepted for consideration. In this case, the application is sent with a description of the attachment using the Russian Post.
An application for termination of the contract is drawn up in free form in 2 copies. It must contain the following data:
- Name of the applicant;
- department of Rosgosstrakh;
- passport details of the insured person;
- request to terminate the contract;
- justification for the payment of the premium;
- details for transferring the insurance premium;
- date and signature.
The list of documents that must be attached to the application will change in each case. So, according to the requirements posted on the official website of the company, the original insurance policy, as well as a receipt for its payment, is attached to the application for a refund. It also indicates the account number for receiving back part of the insurance premium. Bank details for transferring money for insurance can be obtained at a bank branch or downloaded from the Internet Bank.
The required documents include the passport of the insured person and the identity document of the representative (in this case, a power of attorney is required). The insured person submits a written consent to the processing of personal data accompanying the application.
Thus, the insured person may terminate the life insurance contract at any time at his own discretion upon early repayment credit or return full cost insurance during the "cooling off period". To do this, the insured person must submit an application to Rosgosstrakh in person, through a representative, or send it by mail. If the requirements of the insured person are satisfied, the money must be returned to his bank account within 10 days. Recalculation of the sum insured takes place taking into account the rules prescribed in the contract. At the same time, a considerable commission often goes to the bank if the life insurance contract was signed as part of a loan.
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How to terminate an insurance contract
If you want to cancel the insurance contract (insurance policy) drawn up and paid for in the online store, due to circumstances other than an insured event, you must take into account the following conditions:
1) In case of early termination of the insurance contract due to circumstances other than an insured event, the insurer is entitled to a part of the insurance premium in proportion to the time during which the insurance was valid. In case of early refusal of the insured (beneficiary) from the insurance contract, the amount paid to the insurer insurance premium non-refundable, unless otherwise provided by the contract (Civil Code of the Russian Federation, Chapter 48 "Insurance", Article 958).
3) Send the completed Application for cancellation of the contract by e-mail to the address marked "Cancellation of the insurance contract in the online store".
4) Upon positive consideration of the Application, the Insurer sends the Agreement on termination of the insurance contract (insurance policy), which will reflect the amount of the insurance premium to be returned. You need to read this Termination Agreement and sign it on your part.
The insurer has the right to request additional documents necessary for consideration of the Application and drawing up the Agreement on termination of the insurance contract (insurance policy).
Refunds will only be made back to bank card with which the insurance policy was paid.
You can get insurance for almost anything, but how to refuse insurance services if the need for them has disappeared even before the expiration of the insurance policy, you can find out in this article.
basic information
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Insurance services are mandatory for car owners and those who have received a loan to purchase real estate.
On a voluntary basis, insurance contracts can be concluded for loans, working capacity, life, and so on.
Insurance relations are sealed by an agreement, in which it should be specified in what situations and with what consequences it is possible to break the agreements.
Definitions
Policyholder- This is the person who applied to the insurance office.
Insurer is an insurance organization that has a license and all registration documents in accordance with the law.
Insurance contract- a document according to which the policyholder has the right to compensation in the event of an insured situation.
Legislation
From the side of law, all the features of insurance activities are regulated by Law No. 4015 of November 27, 1992 “On the organization of insurance business”.
An article of the Civil Code of the Russian Federation states that an agreement must be concluded between the insured and the insurer. Civil law also has an article numbered explaining the features of early termination of an insurance contract.
Foundations
The grounds for terminating an insurance contract can be very different. But in order for the insurer not to interfere with the termination and return of the insurance premium upon termination of the insurance contract, you should have a sufficiently good reason for breaking off relations with the insurer, and confirm all your claims and arguments with documents.
What is a cooling period
There is a document in the regulatory framework that contains the concept of a “cooling off period”.
Instruction of the Bank of the Russian Federation dated November 20, 2015 states that the policyholder has the right to refuse the services of the insurer without loss of money within five days from the date of signing the insurance contract. This document was created due to the fact that so many organizations refuse to sell a product or provide a service without insurance, which, of course, is illegal.
How to use it
To take advantage of the so-called cooling period, you must submit a written application for cancellation of insurance services.
For example, many credit offices say that the chances of a loan being approved will be much less without signing insurance. In such a situation, voluntary insurance may become forced for a person in need of a loan. Some recipients borrowed money put up with the need to pay insurance premiums, even if they are not interested in insurance, and someone more knowledgeable, after receiving credit funds, writes an application within five days and refuses insurance services.
If such a refusal is made, then the loan calculations are subject to recalculation, due to the fact that insurance premiums the borrower will no longer have to pay.
Procedure
In order to terminate the insurance agreement, you will need to be guided by a justified reason.
The most common and objective reasons for terminating an insurance contract are:
- Termination of the activity of the insurer.
- Proven fact of the imposition of insurance services.
- Failure to comply with the terms of the agreement of one of the parties to the contract.
- The contract was initially drafted incorrectly.
- The policyholder who wishes to terminate the contract personal insurance, found another insurance company with more attractive conditions for him.
- The parties, by mutual agreement, are ready to terminate the agreement.
In some cases, the contract is terminated at the request of the insured, sometimes the initiator is the insurer.
Reasons for termination may not be entirely clear to one party to the agreement. In such a situation, the dispute is resolved in court.
Rules for issuing termination of an insurance contract
In order to terminate the validity of the contract for the provision of insurance services, you will need to perform several actions:
- Write a letter to the insurance company. The document can be drawn up in a free form, but with an indication of the mandatory points.
- Submit an application to the organization where the insurance contract was signed. It happens that a branch of an insurance office or a store that, in cooperation with the insurer, offers insurance to customers, is not entitled to accept a refusal application; in such a situation, it is necessary to send a refusal document to the head office of the insurance organization either personally or by registered mail.
- After the application is submitted, the employee of the insurance office is obliged to register it. It is with this fact that the procedure for breaking the insurance relationship begins. The process of consideration of the application is concluded in the analysis of the reasons and actions of the insured until the submission of the refusal sheet.
- The insurer needs 10 days to make a decision to terminate the agreement. Pi the expiration of the specified term to the insured in writing the answer has to come.
- Whether the unapproved application will have to go to court will depend on the insurer's verdict.
- After the insurer agrees to terminate the contract, he will need to return part of the money to the insurer for the entire time that remains until the end of the agreements, or the amount to which the parties agree.
By loan
When applying for a loan, almost all banks advise their customers to sign an insurance contract.
This measure provides guarantees for both the lender and the borrower. Imposing insurance services when issuing a loan is prohibited.
Upon termination of the contract credit insurance you need to find out what type of document was concluded:
- Individual.
- Agreement on the collective insurance program.
The difference in them will affect how much of the paid insurance premiums the insured can return upon termination of the contract. By individual contract the amounts of insurance premiums required to be paid are determined. If the relationship is broken during the cooling period, then you can return all the money without loss.
According to the collective insurance program, the insured, as it were, joins an existing agreement between the insurance company and the credit institution. The amount that the insurer requests through the bank is for the most part not an insurance premium, but a payment for the services of the bank that provides the services of the insurance organization.
It will not work to get back the money for insurance, if such an agreement is broken, and if something is paid, then it will be a penny compared to the funds contributed.
By voluntary types of insurance
Voluntary insurance presupposes the fact that the insured of his own free will, aware of all the features of the contract, signed the documents.
To terminate the agreement on voluntary insurance, you will need to have a very good reason.
You can return part of the money for the unused period of the insurance validity only this will be stated in the agreement.
Termination of the agreement leads to the fact that the insurer is obliged to calculate:
Amount to be refunded = amount of insurance premiums paid - (sum of insurance premiums ÷ number of days of validity of insurance under the contract × actually used insurance days) - expenses for doing business.
According to OSAGO
Compulsory auto insurance contracts are usually terminated for a few reasons, for example:
- The insurance office that issued the policy ceases to operate or participates in the bankruptcy program.
- The car, which was the object of insurance, changes its owner.
- In the event of an accident, the insurance object was completely destroyed.
There are also less global reasons for refusing insurance under OSAGO, for example, when insuring a car, the insured was imposed Additional services. Or, insurance payments do not comply with legislative norms and clauses of the agreement.
In Sberbank
The rupture of relations under insurance concluded with Sberbank is carried out upon an application in free form, but indicating: the details of the insurance company, the name of the insured, the reason for terminating the agreements, the data of the issued insurance policy.
In Rosgosstrakh
The rupture of relations on insurance issued through Rosgosstrakh can be addressed both to the insured itself and to various structures, for example, to the Russian Union of Insurers.
Package of documents
Insurance companies can terminate the contract on a single application, but it happens that in order to terminate the insurance, the insurer will request a whole package of papers, consisting of:
- Personal documents of the insured.
- Photocopies of the policy.
- Applications.
- Documents that increase the significance of the reasons for the gap.
- A copy of the insurance contract.
In the case when the insured himself is not able to collect and submit documents, these activities can be delegated to trustee by notarized power of attorney.
Refund of paid contributions
To return the previously paid funds under the insurance contract, if this document ceases to be valid, the insurer does not really want to and, by hook or by crook, will refuse to pay or make it much lower.
In order to understand what the policyholder can count on when submitting a refusal application, it is better to consult with a lawyer by submitting the contract to him for analysis.
When they can refuse
The policyholder may refuse to pay the balance of the funds contributed as insurance claims if, according to the rules of the loan agreement, a gap with compensation is not provided.
Disputable situations on denial of early termination of the insurance agreement are resolved in court.
Timing
The terms within which insurance agreements can be terminated without loss can be specified in the text of the agreement itself.
After submitting an application for refusal of insurance services, the insurance company will need 10 days, after which the funds will be returned to the insured, and the insurance contract will terminate.
Refunds if the loan is repaid early
Depending on how quickly you find out that the insurance you do not need is optional, the success of the case and the completeness of the payment that can be returned depends.
The main conditions for the return of money and termination of the life insurance contract are:
- the time elapsed since the signing of the contract;
- the possibility of a refund in case of early termination, prescribed in the contract itself.
Let us consider in more detail the features of the timing of the return of money upon termination of the insurance contract.
The Central Bank of the Russian Federation has set the so-called “cooling off period”, during which the insured person has the right to refuse insurance and return his money in full.
During this time, you have the right to refuse insurance without explanation. The insurance premium will be returned to the payer in full in case of non-occurrence of the insured event.
Certainly, insurance companies and in this case they go to tricks and tricks. But, if a person is persistent, then the law and arbitrage practice— on his side.
There is one nuance. The bank is likely to blackmail such a borrower, which may increase his interest rate on the loan. However, the key word for such a threat is “maybe”. In fact, such actions are a direct violation of the law.
Loan repayment period
If you miss the cooling off period, you can cancel the life insurance contract at any time during the entire loan repayment period. This is voluntary insurance. Treaty compulsory insurance Cannot be canceled during the loan repayment period!
In case of early termination of the voluntary insurance contract, it is possible to return the overpaid money if it is specified in the insurance contract!
In other words, according to the law, you can terminate the contract, but return the money - only in case of good will of the insurance company!
However, if the bank did not inform you that life insurance is a voluntary service, and you actually took out insurance under pressure, then based on the law, you can return the amount of the insurance premium by a court decision.
Period after loan repayment
Talking about how to return the money after the end of payments on the loan is possible only with its early repayment. In this case, the rules are the same as for the return of money during the loan payment period:
- if a refund is provided for in the insurance contract;
- By the tribunal's decision.
If the payment period and the insurance period coincided, then it is impossible to return the money for insurance.
Legal regulation of termination of a life insurance contract
There is no regulation governing the return of funds in case of early repayment of a mortgage. This situation is regulated by chapter 958 Civil Code RF and others federal laws(such as the Consumer Protection Act), as well as general insurance regulations.
Banks in their own interests refer in this case to paragraph 3 of Art. 958 of the Civil Code of the Russian Federation. In accordance with it, the insurance premium paid to the company is non-refundable, unless otherwise specified in the insurance contract.
Borrowers can rely on Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights" in latest edition, according to which:
- if the consumer has incurred losses as a result of the execution of the contract, then such losses are subject to compensation by the bank in full;
- compensation for losses caused to the consumer as a result of violation of his right to free choice of goods and services. By law, banks cannot provide services for which it is necessary to use other services that are not needed by the consumer.
How to terminate the insurance contract and return the money. Step-by-step instruction
We estimate the period that has passed since the date of signing the insurance contract. If it is less than 14 days, then you should contact the insurance company. There you will write a statement about the termination of the contract.
The application must indicate the account number to which the insurance company must return the money. Such an application may be sent by registered mail. In any case, you will be refunded in full.
Important: the receipt of acceptance of the registered item, issued by mail, must be kept until the funds are credited to the account. Or use it in court in case of non-payment. For these purposes, you must also save the second copy of the application.
If the period after the conclusion of the contract is more than 14 days, we read the contract carefully.
If it provides for the possibility of termination and payment of the overpaid amount, we contact the insurance company, write an application for termination of the contract and a refund.
The application form may vary from company to company. If there is no sample, then write a free-form application, where you indicate your passport data, the number of the insurance contract. Write what you decide to cancel this agreement, and ask for a refund of the overpaid money for the unused period of the insurance. The date on which the contract will be terminated will be the date of the application or writing of the letter.
If it is impossible to apply in person, an application demanding the return of the overpaid part of the insurance premium should be sent by registered mail.
All answers, as well as copies of your letters with incoming numbers, must be kept for further possible appeal to the regulatory authorities or to the court.
In case of a positive decision, you will be refunded the amount of the paid insurance premium minus the days that have passed from the day the contract was concluded to its completion. Also, from the amount of compensation will be deducted income tax and agency support services.
If your application for a refund was refused, you need to file a complaint with Rospotrebnazor, in which you refer to a violation of the consumer protection law.
Note: You cannot be denied termination of the voluntary insurance contract. But you have to fight for your money.
If the Rospotrebnadzor body also refused, you file a lawsuit.
What are the reasons you may be denied a refund?
The insurance company will refuse you:
- if deadlines are missed;
- if the possibility of a refund is not provided for by the contract that you signed.
Most often independent Insurance companies such a clause is included in the contracts in order to attract as many customers as possible.
Insurance companies of banks are unlikely to include a provision on the return of money in case of early termination in their documents. After all, they already have a lot of chances to sell their services to bank customers.
Rospotrebnadzor or the court may refuse referring to the same norm of the law (clause 3 of article 958 of the Civil Code of the Russian Federation), according to which insurance companies return money in case of early termination of the contract on a voluntary basis.
What to do if you were refused by both the insurance company and the regulatory authority
As lawyers advise, you will have to prove in court the invalidity of the voluntary insurance contract. To do this, it is necessary to appeal with arguments that you were not properly informed, or you were pressured. Perhaps you didn’t realize that when applying for a loan, you also signed a veiled life insurance contract.
The result of the judicial review directly depends on how competently the arguments in favor of the invalidity of the contract are selected and the claim is drawn up. The court practice in the area where you live is also important.
What does the wide jurisprudence show? Does it make sense to defend your rights if the insurance company categorically refused to pay out?
After analyzing the reviews of court cases in 2018, we can draw the following conclusions:
- The courts always take the side of the borrower if the insurance companies refuse to return the money during the cooling period. In this case, the law is on your side, you can safely act. In addition to the amount of the insurance premium, the plaintiffs managed to receive compensation for moral damage, and insurance companies were punished with a fine.
- The courts are very reluctant to take the side of the borrower if the loan has not yet been repaid.
- If the loan is repaid, and the borrower managed to prove that the insurance was imposed, then there are cases of resolving the dispute in favor of the borrower.
But even in the latter case, there is a risk that payments to the plaintiff will be scanty. The fact is that insurance companies often include in the actual costs incurred the services of agents who estimate up to 98% of the insurance premium paid by the borrower. Legal literacy and perseverance of the plaintiff are also important here.
Thus, even having won the court, a person can get a penny that is not worth such trouble.
Conclusion: the situation with imposed voluntary insurance is easier to prevent than to correct. Ideally, one should be attentive to any papers, and before signing contracts, including credit ones, give them to lawyers for analysis.
If you decide on life and health insurance, be sure to check the contract for a clause on the return of funds in case of possible early termination. If the company does not provide a refund, look for another insurer.
If credit institution also insists on obtaining insurance in a certain company - it is better to choose another bank. Such measures will help to save a very substantial amount, which is the more, the more longer term lending and loan amount.
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