Between the borrower and insurance company there was a dispute which was solved in three judicial instances — whether early repayment of the credit is the basis for return of a part of an insurance premium. The Supreme Court has decided that there is no Photo: depositphotos.com Has taken the credit, look at an insurance — it is tied to a loan or not. The disputable situation has arisen between Denis Nadymov and Blagosostoyaniye insurance company. The Supreme Court has made the decision that in this case early repayment of the credit the basis for return of a part of the insurance premium paid at his registration isn't. The borrower in the spring of 2017 has taken the large credit in "Loco Bank" with a repayment period till 2024 and the contract of insurance. The loan has been repaid ahead of schedule — in three months. The borrower has demanded 124 thousand rubles of excessively paid insurance premium as the insurance has been issued for several years when receiving the credit. The insurer has refused, and Nadymov has appealed to court. Courts of the first and appeal instances have risen on his party. But the insurer hasn't agreed, and business has come to the Supreme Court which has agreed with the financial organization. Why has so occurred? The editor-in-chief of "The agency of insurance news" Vitaly Bogdanov explains: — Here case of quite specific contract of insurance, atypical in general for credit insurance was considered. What here was signs and the bases not to return to the citizen a part of an insurance premium? The first is a contract of insurance upon accidents. The second — the insured sum under this contract is determined absolutely, the sum in rubles, and it doesn't decrease and isn't connected with the sum of debt of the citizen on the credit in any way. And she acts all term of insurance stipulated in the contract. And the beneficiary under this contract has specified the natural person, the consumer of digital services, or his relatives in case of death. These several signs aren't typical for the contract of credit insurance because usually insured sum under such contracts of insurance is tied to the sum of the current debt on the credit. Besides, usually the beneficiary is a bank therefore these details suggest that, in principle, this decision won't have mass value. Here the mass value will be had by amendments to the Civil code which now on consideration in the State Duma. Yes, they will bring big changes to the sphere of credit insurance, and they are really directed to the benefit of citizens — consumers of insurance services. — The decision of the Supreme Court somehow can interfere with adoption of law and influence him? — Any and at all. This case is a special case. Has adopted the bill providing entering into the Civil code of amendments which will affirm the right of the borrower for return of a part of an insurance premium at early repayment of the credit the State Duma in the first reading last week. For receiving means from insurance company it is necessary to announce return of an award within 14 calendar days from the date of early repayment of the credit. If the contract is insured
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