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The insurer appealed to the arbitration court to the
Content: S18-384.docx 14,63 kB
Product description
The insurer appealed to the arbitration court to the organization - the person causing the damage with a claim for recovery in order of subrogation of the amount of compensation paid to the owner of the damaged car. Objecting to the claim, the respondent referred to the invalidity of the property insurance contract. In accordance with clause 1 of Article 930 of the Civil Code of the Russian Federation, property may be insured under an insurance contract for the benefit of a person (insured or beneficiary) who has an interest in preserving this property based on a law, other legal act or contract. A property insurance contract concluded in the absence of the insured or beneficiary’s interest in maintaining the insured property is invalid (clause 2 of Article 930 of the Civil Code of the Russian Federation). In this case, the insurance contract was concluded by the tenant of the property in favor of the owner (beneficiary), although the lease agreement provided that the cost of repairing the car if it is damaged is borne by the tenant. According to the insurer, the insurance contract is valid, and the interest of the beneficiary in this case is indisputable.
What decision should take the court?
Additional information
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