The basic form of the emergence of legal relations in the field of insurance is an insurance contract, which is concluded between the insurer (insurance company) and the insured, in order to protect the property interests of the latter by making an insurance payment by the insurer upon the occurrence of an insured event.
The fact of concluding an insurance contract can be certified by an insurance certificate (policy, certificate), which is a form of an insurance contract.
Insurance can be voluntary or compulsory, and the subject of the insurance contract can be property interests related to life, health, work ability and pension provision (personal insurance), with the possession, use and disposal of property (property insurance), with compensation by the insured for the harm caused to a person or his property, as well as damage caused to a legal entity (liability insurance). Which event is recognized as an insured event must be specified in detail in the insurance contract.
Participants in insurance legal relations often identify the concepts of “insurance payment” and “insurance compensation”, but the law separates them. The insurance claim is the amount of money that is paid by the insurer in accordance with the terms of the insurance contract upon the occurrence of an insured event. And insurance compensation is an insurance payment, which is carried out by the insurer within the insured amount under property insurance and liability insurance contracts in the event of an insured event.
As a rule, upon the occurrence of an insured event, insurance companies declare that the event is not insured, the policyholder has incorrectly drawn up certain documents, untimely reported the occurrence of an insured event, or created obstacles in determining the circumstances, nature and amount of losses.For this reason, most insurance disputes arise from the refusal of the insurer to make insurance payments. Such a refusal is accepted by the insurer within a period not exceeding that provided for by the contract and insurance rules, and is communicated to the policyholder in writing with justification of the reasons for the refusal and may be appealed in court.
Also, the courts consider disputes on the appeal of insurance contracts, compensation for damage in the order of recourse and subrogation, disputes in the field of reinsurance and others.
Since insurance disputes fall under the category of civil cases, they are considered by courts in the order of civil proceedings.
Method
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Your appeal
At the first contact, with the help of the communication means indicated on the website, the lawyer clarifies the essence of the legal issue, and also determines the amount of documents required for submission by the client.
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Consultation
Legal advice is carried out at a personal meeting, at which the lawyer explains the issues of interest to the client, suggests possible ways to solve them and accepts the relevant documents for more detailed acquaintance.
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Study of documents
The legal assessment of the documents provided by the client is carried out in order to finally determine the legal position on the case, inform the client about it, as well as agree on the scope of services provided.
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Conclusion of the contract
Advocacy is carried out on the basis of an agreement on the provision of legal assistance, which is concluded in writing and regulates the conditions and procedure for the provision of advocate services.
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Preparation of procedural documents
In order to protect and exercise the rights of the client, the lawyer draws up statements of claim, appeals and cassation complaints, petitions, inquiries, claims, as well as other procedural documents.
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Representation of your interests
When carrying out advocacy, an advocate has the right to perform any actions that are not prohibited by law, the rules of advocate ethics and an agreement on the provision of legal assistance necessary for the proper execution of an agreement on the provision of legal assistance.