The main conditions of the polis insurance of life and health of borrowers in the Renaissance loan. How to return insurance on the loan of Renaissance Credit - the procedure for the polis of the Renaissance Insurance Terms of Life and Rules
case number 2-1105 / 2016
DECISION
Name Russian Federation
The Shpakovsky District Court of the Stavropol Territory as part of: Chairmanship Tolstikova A.E., with the participation of the representative of the plaintiff Bukalova G.A. - FULL NAME3, with the secretary of Bunina I.E., examined in open court in the room of Shpakovsky district Court Stavropol Territory Civil case on the claim of Bukalova FULL NAME3 to LLC Insurance company Renaissance Life on the protection of consumer rights,
Installed:
Bukalova G.A. He appealed to the court to LLC Insurance company Renaissance life on the protection of consumer rights, requested the court to recognize the life insurance contract for loan borrowers No. concluded between Bukalova G.A. and LLC "SK Renaissance Life" from DD.MM.YYYY. invalid (insignificant) by virtue of the law; recoup unjust enrichment in the amount of rubles, interest for illegal use cash In the amount of rubles, the cost of payment of services of the representative in the amount of rubles, compensation for moral damage in the amount of rubles, a fine for dissatisfaction with the voluntary consumer requirements in the amount of the ruble, the cost of paying for the services of a notary for the manufacture and certificate of attorney of rubles.
In substantiation of the claimed requirements, the plaintiff pointed out that DD.MM.YYYY. Between Bukalova G.A. and KB Renaissance Credit (LLC) (was concluded credit contract No., for a period of months with the condition of payment of interest for the use of a loan% per annum and the amount of rubles.
When concluding a loan agreement, LLC Renaissance Credit, acting as insurance agent In LLC Renaissance Life, LLC has concluded a contract of insurance No. from DD.MM.YYYY in relation to the borrower. In accordance with the polis terms under the insurance program from accidents and diseases of the loan borrowers, under the terms of which the systemistracks insurance risks: 1) the death of the insured for any reason; 2) the disability of the insured 1 group for any reason. The term of the insurance contract of months from the date of write-off from the account of the Insured in the KB Renaissance Credit (LLC) of the Insurance Prize in full, the beneficiary appointed KB Renaissance Credit (LLC).
Under the terms of the insurance contract insurance amount We are equal to the size of the initial loan amount on a loan agreement at the time of its conclusion (paragraph 5 of the insurance contract).
In paragraph 5 of the insurance contract it is envisaged that during the action of the insurance contract, the insurance amount decreases as the debt is repayed by the loan agreement and is equal to the size of the current loan debt insured by a loan agreement on the date of the offensive insurance case. The insurance premium is determined by the Formula of the SP \u003d CC (Insurance amount) x DT (an insurance rate is equal to 1.1%) x SD (the term of the contract in months).
According to the insurance contract, the insurance premium under the Insurer Agent Insurer Insurance Tariff within the framework of the insurance contract concluded 1.1% of the Insurance amount established by the Insurance Agreement - a month.
DD.MM.YYYY. Based on paragraph 3.1.5 of the Agreement, the Bank made a transaction of credit funds at the expense of the insurer in the framework of making an insurance premium on the incidental insurance contract in the amount of rubles, which is confirmed by the report on the account.
Subsequently, comparing the calculations and applied by the Insurer tariff to the insurance contract, the borrower found that, in the terms of the insurance contract, the agent (insurer) were applied insurance ratesnot provided for by the action of this insurance program.
According to the tariffs applied to the polis conditions of the life insurance program and from the accident and diseases of the loan loan borrowers 1) the death of the insured for any reason; 2) the disability of the insured 1 group for any reason is applied by the following calculation technique (floor of the insured, its age, the term of insurance and the size of the insurance amount), the Insurance Tool applies: Floor - female; The age of the insured at the date of the conclusion of the insurance contract is 47 years; The term of the insurance contract is 4 years (insurance period); With the maximum ratio of the degree of profitability of the insurer - 5% \u003d 0.389% of the sum insured (the insured case of death for any reason), \u003d 0.377% of the insurance amount (insurance case disability 1 of the Insured group) Total :.
Thus, the size of the insurance premium that should be applied by the insurer in this insurance contract according to tariffs and the method of calculations that should be applied to this insurance contract by 70 times higher than the cost of insurance provided by insurance tariffs and insurance rules that should be applied to this program, Information on the use of which was brought to the insured before the conclusion of the insurance contract.
Including, in determining the procedure for calculating the insurance premium, contrary to the tariffs applied, a monthly coefficient was used to determine the calculation of the insurance premium, and not an annual one.
The Bank (Agent) applied insurance rates not provided for by the insurance program, also applied in the conclusion of an insurance contract, not provided for by the Public Offer Terms and Insurance Rules, which should comply with the conditions proposed for loan borrowers on the rights of public offer, thereby put the borrower in unequal (discriminatory) Conditions as a participant in public relations, to a concluded insurance contract. In addition, the Rights of the Borrower (consumer) on the timely receipt of information on the cost of services, the right of choice, the procedure and conditions for their acquisition were categorically violated and limited.
According to paragraph 1, paragraph 5 of Art. 8 of the Law of the Russian Federation of 11/27/1992 N 4015-1 "On the organization of the Insurance In the Russian Federation" under the activities of insurance agents, it is understood as the activities carried out in the interests of insurers or insurers and related to the provision of services for the searcher's selection and (or) insurer (reinsurer ), insurance conditions (reinsurance), registration, conclusion and maintenance of the insurance contract (reinsurance), making changes in it, paperwork in the settlement of insurance claims, interaction with the insurer (reinsurer), the implementation of consulting activities.
Insurance agents are individuals, including individuals registered in the procedure established by the legislation of the Russian Federation as individual entrepreneurs, or legal entitiesoperating on the basis of a civil-legal contract on behalf of the insurer in accordance with the authority provided by him.
I DECIDED:
The claims of Bucalova FULL NAME3 to LLC Insurance Company Renaissance Life on the protection of consumer rights - to satisfy partially.
Recognize the life insurance contract of loan borrowers No. concluded between Bukalova FULL NAME3 and LLC Renaissance Life DD.MM.YYYY. - invalid (insignificant) by virtue of the law.
To recover from LLC "Renaissance Life" LLC in favor of the Bukalova FULL NAME3 the amount of unjust enrichment in the amount
To recover from LLC "SK Renaissance Life" in favor of Bukalova FULL NAME3 interest for illegal use of cash in the amount.
To recover from LLC "SK Renaissance Life" in favor of Bukalova FULL NAME3 Compensation of moral damage in the amount
To recover from LLC "SK Renaissance Life" in favor of Bukalova FULL NAME3, a penalty for non-compliance with the voluntary consumer requirements in the amount.
To recover from LLC "Renaissance Life" LLC in favor of Bukalova FULL NAME3 expenses for payment of representative services in the amount of
Arbitrage practice Using the norms of Art. 151, 1100 Civil Code of the Russian Federation
Recognition of the transaction is invalid
Recognition of sales contract invalid
Judicial practice for the application of the norms of Art. 454, 168, 170, 177, 179 of the Civil Code of the Russian Federation
Recognition of the contract invalid
Judicial practice to apply the norm of Art. 167 of the Civil Code of the Russian Federation
Under insurance contracts
Judicial practice for the application of the norms of Art. 934, 935, 937 GK RF
Return insurance after paying off the loan, when the insurance contract is also completed, it is possible only in court and only if the client proves that the service is imposed. Judicial practice on this issue is different. However, according to the latest concluded agreements, it is often not in favor of the client, since the Bank basically formally complies with all the requirements of the law. How to return insurance included on credit: Features If the insurance is paid at the expense of the loan, in case of refusal of the insurance contract, all means are transferred for it to reducing the amount of debt. Get cash either to another account will fail if the obligations are not closed in the bank. For early repayment Bank loan - the insurance premium returns in accordance with the polis conditions without any characteristics.
Insurance rules
Attention
Content
- 1 Insurance - "Baggage" of a loan from Renaissance Bank
- 2 Customer failure from insurance is possible?
- 3 Return procedure for unnecessary insurance
- 4 Registration of the application
- 5 When the bank may refuse to return insurance
- 6 subtleties, nuances
A loan for any bank is a risk. After all, you need to give a certain amount unfamiliar man (Of course, the risk is lower when the regular client is drawn).
therefore financial institutions Trying to protect themselves, including additional conditions in the contract. Insurance is considered the most efficient means. Without it, the bank may be completely refused to issue a loan.
How to return insurance on a loan Renaissance Credit - Procedure
Important
If the insurance fails, after receiving the money, it is necessary to provide together with the statement:
- certified copy of the passport;
- original insurance contract.
Upon termination of the contract due to early repayment, a certificate of the absence of debt to the bank is additionally required. Important! In the application it is necessary to specify the list of documents that will be attached to it.
When granting directly into insurance or through a bank agent, it is necessary to obtain an employee's visa on a copy or a second instance of the application for adoption, and when sending by mail - to make an invention invention. After terminating the contract at the insurance company there are up to 60 days to transfer the calculated return amount.Return of Life Insurance on Loan in Renaissance Credit: 3 Possible options
Refund of insurance at early repayment of the loan if the borrower decided to pay credit Organization Previously, after repayment of debt, he has the right to return the part of the insurance premium for the unused insurance period. The client will be calculated a redemption amount for the remaining period over the expense of the costs of the insurer for doing business.
With this polis, it is determined that administrative costs can reach up to 99% of the amount made by the borrower. Under collective insurance agreements in case of early termination of the loan, the return of the insurance premium is not provided.
How to return insurance decorated in Renaissance Life to return a summary of the amount must notify the insurer in writing about its intention to abandon the contract. The application can be transferred to the organization personally (if there is a representative office in accessing the borrower), through a partner bank or by sending by registered letter.
Life insurance rules and health loan borrowers
What to do? Contact directly. Create a statement - a claim to the judicial authority, fill out other necessary forms. List of documents, requirements for them can be clarified through the phone.
Info
IMPORTANT: not always the Bank's client is a person. Sometimes there are entire organizations for the loan. Then these LLC or LLP organizing a lawsuit with Renaissance life and return insurance insurance.
Subtleties, nuances reviving canceled insurance contract possible? If the person originally refused, considering the SC services to be excessive, but then decided to insure life (separately). Yes, you just need to refer to specialists from the SC. The company has its own official website, where the conditions and cost of services are described, in addition there is a feedback tab.There, the visitor can leave feedback by asking his questions.
Renaissance Life: Returns Loan Insurance
Upon receipt consumer credit The bank may offer to issue an insurance program in case of loss of work or loss of health (disability) and / or leaving life. If, after signing the contract, the client has changed his mind, he may terminate the policy.
Before submitting an application for cancellation of the contract, it is important to understand, under what conditions will be returned to the amount made. Insurance in Renaissance Life Renaissance Life - Large insurance Companyoffering a comprehensive loan borrower in cash or to purchase goods and / or services.
The insurance policy can be decorated in case:
- customer's care from life or receipt of disability;
- loss of work;
- diagnosing a deadly disease.
Most policies are drawn up through an insurance company agent - Bank Renaissance Credit.
What should I do if problems arose with the return? If, when receiving a loan "Saduhali" insurance, and before the expiration of 5 days, the client decided to return money, the insurance company is obliged to fulfill his request. To avoid problems, you need to make a copy of the statement in advance, where the date and adoption will be indicated.
Subsequently she can come in handy for compiling a claim letter or of the statement. There are three organizations where you can appeal to solve the problem:
- The main office of the bank ( free telephone hot line 8-800-200-0-981) or insurance company where the claim is sent.
- District court.
- yerrittorial branch of the Central Bank.
In the absence of reasons for refusal to pay, the complaint will be satisfied, and the borrower will be able to receive money on the bank account specified in the statement.
Renaissance Insurance Life Insurance Rules Life Borrowers
The exception is the situation when the client has time to apply to the Cooling period defined by the law - the term within 5 business days after the contract is issued. In this situation, payment will be made:
- in full, if the contract did not enter into force;
- due to the expenses of the insurer over the days that the contract "acted" in the event that it was active at the date of appeal.
There will be no return of the insurance premium and when making collective insurance.
This type of agreement means that the contract is issued between the Bank and the Insurance Company, and the client only agrees and joins the existing conditions. Well! The "Cooling Period" by the Agreement on the Agreement, providing for collective protection, does not apply. If the insurance case occurred before the termination of the policy, it would be not a refund of the amount, but the payment of the proposed compensation.
How to return insurance against Renaissance loan? Perhaps it? If yes, what documents will required and where to contact? Insurance - "Baggage" of a loan from Renaissance Bank Renaissance Credit began to cooperate with Renaissance Life, it is this SC that is engaged in insurance agreements. Life insurance is a client taking a loan signs an insurance contract.
If one of the insurance cases specified there occurs, the SC covers all the actual expenses of the bank associated with the loan. For the bank, such a deal is extremely beneficial. However, all expenses associated with the insurance itself lie directly to the client. A person receives a loan agreement plus the debt of insurance. Types of credit transactions, "taxable" insurance:
- car loan;
- mortgage;
- cash loan (large sums).
Often, insurance is imposed even to customers taking small consumer loans.
I▒ofr '· d ^ châvd╧oats╨. ∙ ∙] B▌9▓end9zh└` ≥K╔p≈ · | 48Y & Tische┌╥E╧.╜us▌ / WWI0YE! VWE / FL EndStream Endobj 54 0 OBJ< Customer failure from insurance is possible? Yes, and the client's freedom is protected by law. Until 2016, banks could impose insurance agreements to people, but then special acts were adopted in the legislation, according to which the client has the right to choose.
However, in practice, the client's refusal that does not want to make insurance, the bank perceives as a statement about the insolvency of man. It is almost impossible to get a loan. Why do people do not want to insure life? In the West, such a procedure is extremely popular.
Many conclude special treaties, trying to protect themselves and close to different misfortunes. There, insurance often provides medical care, without him, a person may not be taken to the hospital. There are several reasons. In the West, lending is not associated with insurance. People calmly choose the company, compare the conditions and conclude agreements. Contributions gradually contribute.
Renaissance Credit LLC is one of the leaders in the financial market for lending.
| Amount: 700,000 rubles |  Documentation: Passport of a citizen of the Russian Federation |
| Term: 24 - 60 months | Consideration of applications: 10 minutes |
| Interest rate (%): 11.3 % | Seniority from 3 months at the last job |
| Age: from 24 to 70 years | Guarantion Not required |
| check in Credit registration is possible either in the Region of Permanent Registration, or in the Region of Permanent Work | Pledge Without collateral |
| Confirmation of income Not required |
|
Life and health insurance in the Renaissance Credit Bank
Registration of the insurance policy should be carried out only with the consent of the borrower. In practice, everything else.
In the bank, the cost of a full loan includes the price of the insurance policy. From her, the client has the right to refuse within 14 days from the date of concluding a lending agreement.
When satisfying the failure of the policy, the recalculation of non-paid debt is being recalculated.
The cost of the insurance policy is depending on the insurance company and the amount of the loan provided.
The bank proposes to insure life from partners (Renaissance Life Programs, "Consent-Vita" and others). In this case, the borrower can choose the insurance company himself.
When placing the policy, additional costs will appear for the borrower. However, the bank reduces the bid on the loan.
Insurance is beneficial to the jar. It helps reduce possible risks. If an insured event occurs, the customer's debt will pay the insurance company.
The term of insurance of the borrower
It is usually issued for the term of the loan agreement. The beginning of the reference - from the moment of entry into force of the loan agreement. The end is the number of recent payment.
Exceptions from insurance coverage
Insurance service does not turn out:
Up to 18 years and aged over 70 years;
Persons who use drugs suffering from alcoholism;
Persons with severe and incurable diseases;
Citizens under investigation.
Is it possible not to make insurance?
According to the Federal Law and Civil Code of the Russian Federation (Article 48), insurance is a voluntary service. However, managers offer insurance, motivate more profitable lending conditions. Sometimes you explain the impossibility of obtaining money without the policy.
Cooling period
"Cooling period" - the term during which the investigator of the insurance policy may refuse the policy. It is 14 days (from the date of registration of the agreement).
The "cooling period" does not apply to collective agreements.
You can get funds fully in cases:
- cooling
- refusal to insurance at the set time interval;
- the application was submitted before the start of the insurance policy. Otherwise, only part of the paid money will be returned;
- the insured event has not come yet.
The contract can be terminated by solving the borrower at any time.
It is necessary to apply (by special form).
Some borrowers buy a policy in order to not receive a loan failure. Also trying to get the most acceptable conditions.
After that, the contract is terminated in a grantic term and return completely insurance premiums.
Return of credit insurance
The bank returns the money to the client completely in case the insurance has never started to act. Otherwise, contributions are returned in proportion to the remaining day of insurance. Bank from the borrower additionally nothing charges. When paying debt, the client may refuse further insurance.
Conclusion
Insurance in the Renaissance Credit Bank is voluntary. Write-off from the loan account of the borrower for payment of insurance is possible only with the consent of the client.
During the cooling period, you can return all the insurance payments made.
It must be borne in mind that insurance can sometimes be useful not only to the jar, but also the borrower. It is necessary to weigh in each particular case all the pros and cons of insurance and take a weighted and optimal solution.
In an effort to protect yourself from no return issued amounts, banks force customers who want to make a loan, insure life, health, acquired real estate. Such a "service" lies with an additional cargo on the shoulders of the borrower. Until recently, it was impossible to refuse it, but since mid-2016 there are new rules to return insurance against Renaissance loan with minimal efforts.
The law states that insurance cannot be a "a message" of a citizen. Art. 935 of the Civil Code says that banks and other organizations are not entitled to impose this service to customers, unless otherwise follows from the provisions of regulatory acts.
The law "On the Protection of Consumer Rights" states that LLC, banks and microfinance companies are not entitled to establish the implementation of some products and services from the sale of others. The buyer itself decides which of the existing suggestions it is interesting.
In practice, the failure of insurance is a difficult task. The client will not be able to prove that the insurance product is imposed on him. Formally, the Bank does not violate the provisions of the legislation. It offers applicable two options: a credit for the average shelter and an increased rate for 2-3 percentage points for the contract without insurance. Refuse the insurer services or pay them - the potential borrower itself decides.
Suppose a citizen is ready to overpay as a percentage and does not want to buy insurance. With a similar situation, more than 90% of the likelihood, which will be denied a loan, despite the high level of income and good credit history. Financial institutions have no extra risks of non-return of funds. They are not obliged to explain the decisions made, so the client will not have evidence of admitted injustice.
If you still understand that it is unprofitable to refuse insurance when you make a loan and agree to the Bank's requirement, your contract is included that the policy of buying the policy is taken voluntarily. Formally, the actions of both parties are 100% comply with the provisions of the legislation.
What is a "cooling period"?
Return of insurance on the Renaissance Life Life is possible, but not at the stage of borrowing. Take a pause: after receiving funds "in the hands" you will have the opportunity to refer to the policy spent back.
This option is regulated by the indication of the Bank of Russia 3854-y from 2016 and is called the "cooling period". According to the regulatory act, the client has the right to return the cost of the policy acquired from the insurance company (SC) in the 10th day period.
- the contract was personally concluded with him, and not in the form of accession to the collective agreement;
- during the period of the policy, there was no insurance claims (for example, when making a car loan, a person did not get into an accident on a new car);
- the case does not apply to the exceptions named in the instructions (voluntary medical campaign of foreigners, buying housing in the mortgage, the acquisition of an employment policy, etc.).
In the absence of insured cases, the SC, issued the policy, is obliged to return its value in full. The foundation is a written client's appeal.
Algorithm of actions of the borrower
How to return the paid insurance fee on the loan? It is necessary to follow a clear algorithm that has been repeatedly tested by "exile". It consists of four steps:
We estimate the opportunity
Specify how the Treaty includes an agreement with SC: personal or collective. In the first version of the Agreement, the Borrower itself is, it opens up opportunities for using the "cooling period". In the second situation, the contract is concluded with the bank, and with the need to pay for the policy will have to come to terms.
Read the loan agreement. It may contain a condition that in the absence of insurance, the interest rate increases by 1-2 points. If there is no such condition, you can safely refuse the policy without fearing to lose percentage.
Fill out the application
The document form can be obtained in the UK where you bought a policy when making a car loan or a loan of another type. As a rule, it contains data on the contract, borrower, reasons for refusal.
Specify the insurer in advance whether additional documents do not need. Some companies require contracts to appeal with them. Do not give the OK originals: if they "randomly" are lost, it will be difficult for you to restore the paper and prove your own right.
Submit documents
You can submit a completed statement in two ways:
- Personally
You need to bring documents to the SC office. Print the application in two copies: one you give the insurer, the second will remain with you note about the adoption.
- By mail of Russia
In order for the security to be lost, send it by registered mail with a notice of delivery.
The most important thing is to meet in a 10-day interval. If you break the deadlines, you will not be returned.
The imposition of insurance products to customers is a characteristic feature of the domestic lending market. Do not be afraid to act and protect your rights: Thanks to the "Cooling Period", hundreds of Russians refused to be unnecessary services and saved money. Follow their example - the law on your side.
Customers of the Renaissance Credit Bank, who want to get a loan, can arrange insurance, which makes it possible to reduce the cost of the loan. The polis conditions of life insurance and the health of borrowers in the Renaissance Credit differ depending on the selected insurance company. Consider the main conditions and suggestions.
In the Renaissance Credit Bank, insurance is carried out in conjunction with Metlife, working in Russia since 1994.
For borrowers, the Bank has developed a special program "Optima", which includes protection against disability obtained as a result of an accident occurred.
Advantages of the "Optima" program:
- protection in the most common risks;
- you can connect by phone, already being a bank client;
- the action applies to the whole world;
- several tariff plans to choose from;
- payment by debiting automatic monthly payments from a credit card.
The program gives substantial financial support to citizens with an accident. It covers not only treatment, but also loan payments.
Depending on the selected tariff, the sum insured and the insurance premium is written for each type of accident separately or in general. The size of the insurance premium affects the age of the insured person and the state of its health.
During the year, the full insurance premium can only be paid once.
For example, if in one year the insured person was injured twice, according to which the payment in the amount of 60% of the insurance premium is laid, then on the first time it will be paid to it in the amount of 60%, and on the second event only 40%. If the second accident occurred in the second year of insurance, the client will again receive 60% of the amount of the award.
The amount of payments 100% is installed only on the full constant disability.
Life and Health Insurance
The polis conditions of the life insurance and health of the Renaissance loan borrowers, in addition to the above cases, also include a fatal outcome as a result of the disease (if the client has not yet been 66 years old) or an accident, including an accident.
In the case of death, the insured amount can be different:
- Equal than the total amount of the loan. In this case, the bank receives the remaining amount of debt, and the rest remains relatives of the deceased.
- Equal to current debt. In this case, the money receives only the bank.
It all depends on the conditions chosen when concluding the contract.
Voluntary medical insurance
This type of insurance is possible almost at any age, starting from the moment of birth to 90 years. The contract can be done immediately for several people.
The insurance facility is the payment of services for medical institutions and medicines necessary for the treatment and conduct of preventive measures included in the insurance program. Medical institutions in which can seek the insured, are prescribed in advance. The amount of activities determines the cost of the policy.
During the action of the policy, you can expand the list of services by increasing the insurance amount and insurance premium.
If the sum insured is not enough to pay for treatment, the insured is entitled to conclude an additional agreement for the missing amount, due to the obligation to pay an increased insurance premium.
The terms of the contract also provide a franchise. Its level is set at the request of the client.
Franchise can be two types:
- constant when the insured itself pays a certain percentage of the cost of services;
- temporary when, during the set time, the client independently pays for medical services.
Requirements
Policy conditions for the life insurance of the borrower under the Renaissance loan program include certain requirements. To obtain payment, it is necessary to put the insurer within 3 days that there was an insured event. To do this, you can call the company by phone or come to its branch.
Documentation
In case of obtaining disability or disability, it is necessary to submit the following documents:
Insurance company may require other documents that confirm or characterize the causes of an accident.
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