4.1. Events that occurred:

a) as a result of intentional actions of the Insured, the Beneficiary, a person admitted to driving the insured vehicle under an insurance contract, passengers of the insured vehicle, aimed at the occurrence of an insured event, or when the above persons commit or attempt to commit a crime;

b) as a result of driving the Vehicle by a person who was in a state of any degree of alcoholic, narcotic or toxicological intoxication or under the influence of medications, the use of which is contraindicated when driving the Vehicle, including those who consumed alcoholic beverages, narcotic, psychotropic or other intoxicating substances after an accident, to to which he is involved, and prior to the examination in order to establish the state of intoxication, or who refused to undergo an examination; and also if the driver of the insured vehicle left the scene of the accident;

c) due to the impact of a nuclear explosion, radiation or radioactive contamination;

d) due to military actions, maneuvers or other military measures, civil war, confiscation, seizure, requisition, arrest or destruction of the insured vehicle by order government agencies;

e) as a result of driving a vehicle by a driver who does not have a driver's license for the right to drive a vehicle of the corresponding category, or by a person who does not have legal grounds for driving a vehicle (power of attorney, waybill, etc.);

e) due to the participation of the Vehicle in competitions, tests, or the use of the Vehicle for training purposes.

§5. Conclusion of an insurance contract

5.1. The insurance contract is concluded in writing on the basis of a written or oral application of the Policyholder. Failure to comply with the written form of the Insurance Contract shall entail its invalidity. Insurance contract forms, insurance policy and applications for insurance provided for by these Rules (Appendix to the Rules) are typical. At the same time, the Insurer reserves the right to make changes and additions to them in accordance with the terms of a specific insurance contract and the legislation of the Russian Federation.

5.2. The insurance contract for the risk "Accident" can be concluded on a lump-sum system or on a system of places.

When concluding the Insurance Contract according to the system of places, the Insurance Contract stipulates sum insured for each insured seat in the vehicle. The number of insured seats cannot exceed the number of seats in the vehicle in accordance with the standards established by the manufacturer.

When concluding an insurance contract under a lump-sum system, the sum insured is negotiated for all vehicles. Each of the passengers (including the driver) who are in the vehicle at the time of the insured event is considered to be insured in a share of the total sum insured.

8.1. In accordance with these Rules, losses resulting from:

8.1.1. war, any hostilities, acts of terrorism, as well as maneuvers or other military activities, revolutions, riots, internal popular unrest, acts of terrorism and attempts to commit them, mass strikes, riots or lockouts;

8.1.2. exposure to a nuclear explosion, radiation or radioactive contamination;

8.1.3. use or possession of bombs, mines, projectiles or other weapons;

8.1.4. civil war, armed uprising, as well as the actions of the authorities aimed at their suppression;

8.1.5. theft without breaking;

8.1.6. confiscation, requisition, seizure, destruction or damage of property by order of military or civil authorities or other actions of administrative bodies;

8.1.7. indoor humidity, building (mold, fungus, etc.);

8.1.8. indirect losses arising, in particular, from delay in the supply of products or untimely delivery, interruption in production, trade, loss of profit or benefit, slowdown in production or reduction in the quantity of goods or services produced, even if such losses were the result of events, in connection with the occurrence of which, the Insurer would be obliged to pay compensation in accordance with the terms of these Insurance Rules;

8.1.9. natural wear and tear of the insured property or its gradual loss of its qualities or useful properties;

8.1.10. corrosion, oxidation, fermentation, decay or other natural properties of the insured property;

8.1.11. intentional actions or omissions of the Insured or his representatives, as well as the Beneficiary;

8.1.12. settling, cracking, compression, expansion or swelling of road surfaces or sidewalks, as well as foundations, walls, load-bearing structures or ceilings of buildings, structures, or engineering structures if they did not occur as a result of a sudden and unforeseen impact on them from the outside;

8.1.13. defects and shortcomings of the insured buildings, structures that already existed at the time of conclusion of the insurance contract, which should have been known to the Insured or its bodies or authorized persons, but were not reported to the Insurer;

8.1.14. ignition of production equipment, household electrical appliances, electronic equipment and office equipment, if this ignition did not cause a fire, i.e. further spread of fire;

8.1.15 subsidence or other movement of soil, if they are caused by blasting, excavation of soil from pits or quarries, backfilling of voids or excavation, as well as the extraction or development of deposits of solid, liquid or gaseous minerals;

8.1.16. storm, whirlwind, hurricane, tornado or other movement of air masses caused by natural processes in the atmosphere, if the wind speed that caused the loss did not exceed 60 km/h (16.6 m/s). The wind speed is confirmed by the certificates of the relevant institutions of the Hydrometeorological Center;

8.1.17. penetration of rain, snow, hail or dirt into the insured premises through unclosed windows, doors or other openings in buildings, unless these openings were caused by natural disaster;

8.1.18. damage to machinery and equipment, if it was not caused by a sudden and unforeseen impact from outside;

8.1.20. non-compliance by the Insured or his representative, as well as the Beneficiary with the requirements of regulatory enactments and instructions for the operation, storage and maintenance of the insured object, as well as the use of this object for other purposes than those for which it is intended.

8.2. Also, damage is not covered:

8.2.1. Caused to the insured property as a result of its treatment with fire or other thermal effects in order to change its properties or for other purposes in accordance with the technological process; this also applies to property in which or with the use of which a useful fire or heat is produced or maintained;

8.2.2. From burning that did not arise as a result of a fire (for example, when storing raw materials, materials, products, etc. near sources of maintaining fire);

8.2.3. Caused to mechanisms with an internal combustion engine during explosions occurring in combustion chambers, as well as damage from gas pressure arising in the switchgear of an electrical switch;

8.3. If, when resolving the issue of compensation for damage, the Insurer requires evidence that the damage caused is neither directly nor indirectly caused by the circumstances specified in subparagraphs 8.1.-8.3., then the Policyholder is obliged to provide such evidence.

8.4. When concluding an insurance contract, the Policyholder and the Insurer may agree to amend or exclude certain provisions of these Rules or to supplement these Rules.

Rarely listed in the policy. At best, the contract contains a link to the relevant section of the Rules. And sometimes you can’t find this either: only the Rules themselves are indicated, under the terms of which the insurance is issued. At the same time, motorists often believe that studying the list of exceptions is not so relevant. Indeed, in the event of hostilities or nuclear explosions, it is unlikely that anyone will be up to insurance claims. At the same time, along with examples of such global factors, the list of exceptions may contain very mundane situations.

Of course, seeing a book issued by an insurer with a volume of several dozen pages in small print, you can become discouraged. The CASCO insurance rules are not a small document, because they contain instructions “for all occasions”. Or almost everything. But the list of events that are not related to insured events usually occupies only a small part of such a text. Moreover, it is often located in separate section which makes it easier to find. The study of this information will not take much time and will allow you to avoid some unpleasant situations associated with a misunderstanding of the insurance conditions.

understand and take into account

Reading the exceptions requires a certain amount of attention and the ability to "decipher" official language. Moreover, each company determines such clauses based on its own policy. Of course, some of them can be found in almost any insurer. The relatively "general" exceptions include:

• exposure to a nuclear explosion, radiation or radioactive contamination;
• military operations, as well as maneuvers or other military measures;
• civil war, riots of any kind or strikes;
• seizure, confiscation, requisition, arrest or destruction vehicle by order of state bodies;
• driving a vehicle by a person in a state of alcoholic, narcotic or toxic intoxication;
• intentional actions aimed at the occurrence of an insured event.

However, in many instances, "non-insurance" events are more individual and organization-specific. "Behind" the calculation by the CASCO calculator is always statistics that takes into account the list of situations that are not insurance. It is clear that it is better to understand the relevant conditions at the stage of concluding a contract than as a result of an unexpected denial of damages. In particular, possible interpretations by the insurer should be taken into account.

Table 1. Options for interpreting the wording of the CASCO rules.

Yes, most likely most of these refusals can be challenged in judicial order. But this process involves significant time costs. You must be prepared for such consequences by issuing a policy on the relevant terms of the Rules. On the other hand, the policy of insurers in this regard may differ depending on the principles of work in the market. Often, a company's reputation is more important than the use of controversial "leads" in order to avoid compensation for harm.

Special cases

Sometimes knowing the list of exceptions can affect habits or lead to increased alertness in certain situations. For example, in the Rules of many insurers there is a condition providing for the denial of payment for damage due to smoking in the car. Understanding this fact may well change the usual behavior of the insured.

Or, say, damage to a vehicle during loading or unloading of goods may not be considered an insured event. At first glance, this condition does not seem to apply to cars. But in fact, any transported items can be considered as cargo here, including furniture items, luggage or any equipment. And if in the process of moving such property into the car (or out of it) the bumper, trunk lid or other element was accidentally scratched, the insurer will have every reason to refuse.

In addition, there will most likely not be a refund in the following cases:

• The car was driven by a person without a driver's license (in particular, before obtaining it or upon deprivation of rights). Even if the CASCO policy does not provide for restrictions on persons admitted to management. If the car owner decided to let the "disenfranchised" driver "practice in the yard" - in case of damage to the car, the insurer will not compensate for the damage.
• Use of a technically faulty vehicle (usually means malfunctions in which the operation of the machine is prohibited). If the insured nevertheless decided to drive two hundred meters to the parking lot with a torn off brake hose in an emergency gang, any possible damage is at his expense.
• Transportation, loading or unloading of a vehicle. And it's not just about towing services. Potential danger is represented, for example, by any ferry crossings.

Sometimes you may encounter situations when the victim comes to the insurer to declare a loss, about the appearance of which he cannot say anything. Before it wasn't, but now it is. However, damage under unspecified circumstances is also unlikely to qualify for compensation.

It is impossible to list all non-insured events provided for by the Rules of different insurers. But the examples given show that exceptions usually affect quite probable events or occurrences to one degree or another. So, it is not out of place to take into account the relevant nuances when choosing an insurance company for CASCO. In the end, it is not so difficult to find the necessary section in the Rules and spend a few minutes studying it. Such a “display of vigilance” allows, on the one hand, to give a more objective assessment of the proposed product. On the other hand, to avoid as much as possible situations that potentially give the insurance company a reason to “wash their hands”.

It does not apply to insured events and the insurance does not cover the offensive civil liability Policyholder (Insured) due to:

• 1. claims for compensation for harm (damage) declared on the basis of agreements, contracts, agreements, as well as payments made in return for the fulfillment of obligations in kind or as sanctions under contracts, as well as any other activity of the Policyholder as part of the fulfillment of obligations under contracts;
• 2. causing harm to the environment (environmental damage);
• 3. causing harm to life, health and property of the Insured (Insured), its employees, relatives, affiliates of the Insured (Insured);
• 4. deliberate infliction of harm by the Insured (Insured). In this case, the commission of an action or inaction is equated to intentional infliction of harm, in which the possible occurrence of a loss is expected with a sufficiently high probability and is deliberately allowed by the person responsible for such actions;
• 5. exposure to a source of increased danger;
• 6. non-elimination by the Insured within the period agreed with the Insurer of circumstances that significantly increase the degree of risk, the need to eliminate which, in accordance with generally accepted standards, indicated to the Insured by the Insurer;
• 7. wear of structures, equipment, materials used, including, in excess of the standard service life;
• 8. infliction of harm related to the violation of copyright, the right to a discovery, invention or industrial design, or similar rights, including the unauthorized use of registered trade, brand or trademarks, symbols and names;
• 9. causing harm to life, health and property of the tenant and / or employee of the tenant, if the Policyholder (Insured) is the lessor;
• 10. actions and/or omissions of the Insured (Insured) and/or his employee, committed or admitted as a result of the use of alcohol, drugs or other intoxicating substances;
• 11. non-fulfilment by the Insured (Insured) in set time requirements (orders) issued by the supervisory authority;
• 12. violations of the rules fire safety admitted by the Insured (Insured person) or his employee, who was responsible for their observance;
• 13. performance of works and/or provision of services by the Insured (Insured) in the absence of a permit supervisory authority(in the case when such a permit is required), illegal redevelopment of residential / non-residential premises;
• 14. operation of a technical device by an employee of the Insured (Insured) who did not have a document evidencing the right to operate a technical device (in the case when such a document is mandatory);
• 15. damage, destruction or damage to property that the Policyholder (Insured) has rented, rented, hired, leased or pledged, or accepted for storage under an agreement;
• 16. constant, regular and/or prolonged thermal influence or exposure to gases, vapors, rays, liquids, moisture or any, including non-atmospheric precipitation (soot, soot, smoke, dust, etc.). However, damages are recoverable if one of the above actions is sudden and unforeseen;
• 17. failure by the Insured (Insured) or the Injured to take reasonable and affordable measures to reduce possible losses;
• 18. causing moral damage, lost profits, damage to honor, dignity, business reputation, as well as imposing liability on the Insured in an amount exceeding that provided for by applicable law.

Events are not recognized as insured events and insurance compensation is not paid if during the period of validity of the insurance contract the following occurred:

• 1. Provision by the Policyholder and/or the Beneficiary of documents that are not properly executed. Documents are considered properly executed when they are registered in accordance with established order registration (according to the current legal acts), contain the proper details (seal, signature of the relevant official, etc.), contain the full information provided for by this form of document (in accordance with the current regulatory legal acts), unless otherwise provided by the insurance contract;
• 2. provision by the Insured (Insured) and/or the Beneficiary of knowingly false information about the insured event and the amount of loss.

Insurance cover

Cargo insurance is regulated by national and international legislation, and it also widely uses clauses developed by the long practice of implementing this type of insurance. Initially, the terms of insurance coverage were developed in England in the 18th century. and are currently used without fundamental changes (Table 8.11).

Exclusions from insurance coverage

The model clauses reviewed have general exceptions to insurance coverage. In particular, the loss or damage to the cargo, as well as the costs incurred as a result of:

• 1) direct or indirect exposure to radiation or a radioactive substance or the use of any weapon based on the use of atomic or nuclear fission and (or) fusion and other similar reactions;
• 2) war, civil war, revolution, insurrection, insurrection or resulting civil unrest or any hostile acts of a belligerent or directed against it;
• 3) the impact of wandering mines, torpedoes, bombs or other abandoned weapons of war, the impact of which on the object of insurance is random;
• 4) the actions of strikers, workers involved in a lockout, or persons involved in labor unrest, riots or civil unrest;

Table 8.11. Standard conditions of insurance coverage in cargo insurance

• 5) malicious intent or gross negligence of the insured or the beneficiary or their representatives, if any are determined as a result of an investigation on insured event relevant competent authorities, as well as violation by any of them of the established rules for the transportation, forwarding and storage of cargo;
• 6) fire or explosion that occurred as a result of the loading of explosive and spontaneously flammable substances and objects (not being cargo under the insurance contract), carried out with the knowledge of the insured or the beneficiary, but without the knowledge of the insurer;
• 7) regulatory leakage, normal loss of weight or volume, natural wear and tear of the cargo;
• 8) insufficient or unsuitable packaging (including stowage of cargo into a container by the policyholder) or preparation of cargo; damage to the packaging while preserving the cargo, if repacking is not required;
• 9) shortage of cargo with the integrity of the outer packaging and the integrity of the seals of the consignor;
• 10) internal properties or defects of the cargo, including oxidation, rusting, shrinkage, etc.;
• 11) damage to cargo by worms, rodents, insects;
• 12) delivery delays, even if the delay is caused by a risk that is part of the insurance coverage (excluding general average and salvage costs allocated or assigned in accordance with the contract of carriage and (or) applicable laws and practices, made in order to avoid or in connection with the avoidance loss of cargo for any reason);
• 13) insolvency or non-performance financial obligations owners, managers, charterers or operators of the vehicle;
• 14) unseaworthiness of the ship or barge, unsuitability of the means of transport, shipping container or hoist for the safe transportation of cargo;
• 15) the presence of the interest of the insured or his employees in the unseaworthiness or unsuitability of the means of transport during the loading of the cargo;
• 16) violation of the implied warranties of seaworthiness of the ship and suitability of the ship for the carriage of cargo to the destination, except for the case when the insured or his employees were not aware of such unseaworthiness or unsuitability;
• 17) seizure, confiscation, seizure, prohibition or detention (excluding piracy) and their consequences or any attempts to do so;
• 18) actions of terrorists or any other persons acting for political reasons.

The risk of theft, robbery, destruction or damage to the cargo as a result of the wrongful acts of third parties is an exception to clauses "B" and "C". In addition to the typical ones, there are special reservations, in particular on additional agreements coverage of the risks of clauses 1-4 may be provided, the risks of clauses 5-8 may be included in the insurance coverage upon establishing an additional deductible agreed by the parties. In the practice of cargo transportation, there are cases of deviation of a ship or other vehicle from the route indicated in the insurance documents, but with the intention to return to the previous course (deviation). According to the established norms of business turnover (unless otherwise provided in the contract), the fact of deviation releases the insurer from liability from the moment the deviation begins until the moment of returning to the route indicated in the insurance documents.

At the request of the insured, the scope of liability of the standard terms of insurance may include an additional "refrigeration risk" as the most frequently encountered in the practice of transportation. Refrigeration risk is defined as damage to cargo in a refrigerator as a result of failure of the refrigeration unit during transportation, which occurred for any reason, with the exception of dishonest performance of duties by the driver (mechanic) of the refrigerator. The damage associated with the defrosting of the cargo can be compensated by the insurer only if the failure of the refrigeration unit was caused by an accident or illegal action by third parties during the transportation period. Compensation is carried out according to the actual damage.

For all existing internal legislative acts and international transport conventions, carriers, forwarders, custodians bear material liability to the owner of the cargo for causing damage to the cargo during transportation, transshipment, storage. But the carrier is released from liability if he proves that the destruction, damage or loss of the goods occurred due to circumstances that he could not prevent and the elimination of which did not depend on him.

In order to unify the interpretation of the terms of trade contracts for export-import transportation, the International Chamber of Commerce in 1936 published a set of international rules for exact definition trade terms, known as the rules, or conditions, INCOTERMS, currently in force in the 2000 edition. The conditions for cargo insurance are now also based on the conditions of delivery contained in INCOTERMS. These rules stipulate the moment of transfer of risk from the seller to the buyer and the division of costs between them (Table 8.12). On this basis, the insurable interest and, accordingly, the main conditions of the cargo insurance contract are determined.

The use of INCOTERMS-2000 depends on the consent of the parties to the contract. If the terms of the transaction coincide with the terms of INCOTERMS, preference is given to the provisions fixed in the contract.