Wednesday, June 1, 2011

Features of insurance construction risks

Over the past three years, annual growth in insurance market, construction risks is 25-30%. In 2008, the insurance market development assistance could reach 15-16 billion rubles. The composition of the major players in this essentially is unchanged. Leading insurers, members of the Top-10 key indicators. Leading members of the insurance market SMR are the largest federal insurance company (SOGAZ, Capital, Ingosstrakh, Rosgosstrakh, RESO-Garantia), as well as a leading company in the field of insurance of infrastructure projects and construction industry enterprises - JSC "Hephaestus." The main factor in the growth of the insurance market construction risks is the active development of the construction industry, implementation of a number of major investment, particularly infrastructure, projects, mandatory insurance at SMR implementation of investment projects involving budgets, increase in claims from investors and customers to insure billions of dollars of construction risks. Specificity of the insurance construction risks is largely determined under the applicable laws and the dynamics of the current market conditions. Separate special legislative act regulating the insurance construction risks, no one in Russia, respectively, insurers SMR work within the overall framework of the Law on Insurance in the Russian Federation and the Civil Code. In addition, there are local orders by local authorities - for example, limiting conditions and tariff rates on municipal facilities within a single region. One of the problems of the contractual relationship between insurer and client SMR is the definition of the beneficiary. In accordance with the Civil Code, the beneficiary can be assigned to the contractor, because it carries "the risk of accidental loss or accidental damage to the facility construction, is the subject construction contract, before acceptance of this object by the customer" (Article 741 paragraph 1 of the Civil Code). On the construction company responsible for the object, and construction and for materials used for the technique. That is actually the direct material interest here is only a contractor. Often it is the responsibility and obligation to insure not only the work itself, but also its workers from the onset of an accident. However, according to Clause 1, Article. 930 of the Civil Code, "the property can be insured under the insurance contract in favor of the person (the insured or beneficiary) is available based on the law, other legal act or contract interest in preserving this property." It should be understood that Russia is currently building companies in most cases the insured at the request of investors, banks, creditors, customers, the object (with an increase in the insurance market SMR 25-30% per year). Especially expressed interest in insurance in recent years, often banks, active loans construction of different difficulty levels. At the request of banks all risks during construction must be insured and the beneficiary has a bank that granted the loan, which, as we see, contrary to the Civil Code. Another problem is obsolete Guests who must comply with construction companies. It is clear that the construction technology develops rapidly, and in comparison with the content of state standards, they are long gone forward. Guests should have been updated too quickly, but it is unfortunately not the case. In modern conditions many of the standards is almost impossible to observe, however, formally non-guest is a deliberate violation of the construction organization, and may cause a denial of insurance payment. Due to problems with outdated guests often arise disputes in the settlement of insurance claims, sometimes the only way of which is reducing the amount of payments under the compromise agreement of the insurer and the client. In general, the procedure for settlement of losses in the SMR does not differ from payments on other types of insurance, it is standard. Policyholder who has a construction contract of insurance has been some event makes a statement to the insurance company within the prescribed period, and the insurer sends to the scene experts - before the builders start to liquidate the consequences of the accident. List of documents to be provided by the client, depends on the nature of the accident. For example, the fire will need to confirm the Emergencies Ministry, in a disaster - Help Weather Service. Due to the insurance company conducted an independent examination, which clarifies the reasons and circumstances of the loss. Payment is made after consideration of all the collected documents and the results of an independent examination. If necessary in contentious cases assigned follow-up examination, and if the results of two examinations contradict each other, it can be transferred to the court, or will be found a compromise agreement between the parties. I would also like to draw the attention of specialists who perform insurance contracts EAR, the following fact. Under current tax laws insurance costs of up to 2% of the cost of the construction may relate to the costs. Accordingly, the premium should be included in the estimates for construction and paid by the customer. Most contractors do not know, and believe that all the insurance costs of construction and installation risks, they should pay from their own income. At the conclusion and execution of the contract by the insurer SMR relationship with the client, as a rule, not the end - this type of insurance has the potential cross-sales (offers the same clients from other types of insurance). If you have already established customer relationships can and should offer a full service company for corporate insurance. When construction ends, it is necessary to insure the new property. Can be claimed by a private insurance company management, corporate fleet, voluntary health insurance as part of a benefits package for staff and other insurance products.

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