INSURANCE entrepreneurial risk
- One of the ways to protect the rights of entrepreneurs from the non-receipt of profits or incurring losses in the conduct of business, in which the insurer makes to the insurer by the contract (insurance premium) and the insurer agrees to upon the occurrence of events specified in the contract (insured event) payment of insurance compensation or the insurance sum . SP R is a form of property insurance. Under the contract of property insurance, one party (the insurer) is obligated for by the contract (insurance premium) upon the occurrence of stipulated in the contract of the event (the insured event) to compensate the other party (the insured) caused as a result of this event, a loss of the insured property or losses in connection with other property interests Insurer (to pay insurance compensation) within a certain amount of the contract (the insured amount) (Art. 929 of the Civil Code). Under the contract SP R. can be insured only the entrepreneurial risk the insurer and only in his favor (Art. 933 of the Civil Code The Russian Federation). The contract of insurance of entrepreneurial the risk of a person is not the insured, negligible. insurance contract entrepreneurial risk in favor of the person who is not the insured, shall be deemed concluded in favor of the insured. Insured under the contract SP R. can be a sole proprietorship, commercial or non-profit organization, carries on business activities to achieve its statutory objectives. Objects SP R.'s property the interests of the policyholders involved with business activities. According to para. 2, Art. 929 of the Civil Code can be insured against the risk of loss of business due to the breach of its obligations contractors entrepreneur or change the conditions of this activity for reasons beyond the control of the entrepreneur. Types SP R .: 1) north to idle case; 2) SP R. related to violation counterparties of contractual obligations (Commercial credit insurance). Simple can be caused by fire, equipment breakdowns and other unforeseen circumstances. insurance tion in the case of downtime (break in economic activity of the insurer) directed to refund the insured losses, incurred if it is impossible to carry out its activities in connection with the advent of events stipulated in the contract insurance. If insurance against downtime the insurer pays compensation for the occurrence of the insured event, under an insurance contract that resulted in the destruction of or damage to property as a result of which it was not suitable for its intended use, and this was the reason for the interruption of economic activities of the insured. Losses, which reimburses the insurer under the contract SP R. downtime on the case, consist of: - expenditure in relation to an insured event are uncovered;
- loss of profits, not obtained with respect to the insured event;
3) to reduce the costs of losses just me. The responsibility of the insurer at the SP AR in case of downtime is limited to a maximum period of interruption of economic activities of the insured for losses which the insurer is liable. There are credit insurance from the economic (commercial) and political risks. At the same time to the economic risks include bankruptcy of the buyer, his refusal to make payment, failure to pay the debt within the specified contract period. the risk of default insurance provides coverage in the event of default on debt payment by the buyer of the goods or services provided under the supply agreement. Contract SP R. is to send the goods to the buyer, and the insurance cover takes effect from the date of receipt of the goods by the buyer. Insurance against political risks It applied in the implementation of foreign trade transactions. The political risks include war, strikes, change of political regime, etc. SP R. imposes on the insurer a wide responsibilities, the violation of which may result in termination of the contract and the failure Insurer to pay insurance compensation when the insured event. Thus, when occurrence of an insured event, the policyholder must provide the insurer evidence for the proper performance of its obligations to the counterparty in connection with which he has the right to demand payment from him. After payment of insurance compensation insurer acquires the right of claim that the policyholder has to the person responsible for the losses compensated as a result of insurance (Sec. 1, Art. 965 of the Civil Code).
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