The authors conclude that the indemnity insurance model is still based on longestablished principles (necessity of insurance interest, good faith, etc.), although their interpretation may change over time. In addition, the strengthening of pro-consumer ideas has a significant impact on contractual relationship in indemnity insurance: the standard of requirements to
the policyholder (insured person) and his liability for breach of contractual duties have been
softened, while the level of requirements to the insurer as a professional subject is increasing.
This is reflected in formalization of the information duty of the policyholder at the precontractual stage, replacement of the all-or-nothing principle by the principle of proportionality
when imposing sanctions on the policyholder, including mandatory testing for the causal link
between the breach of contract and materialization of risk or increase in damage. It is concluded that the Russian legislation on insurance contract requires a conceptual reform, including through the consistent introduction of the proportionality principle in all cases when sanctions are applied to the policyholder
Translated title of the contributionModern Concept of Indemnity Insurance and Prospects for Its Implementation in Russian Law
Original languageRussian
Pages (from-to)762-786
JournalВестник Пермского университета. Юридические науки
Volume50
Issue number4
StatePublished - 30 Jan 2021

    Scopus subject areas

  • Law

    Research areas

  • indemnity insurance; loss prevention; moral hazard; insurable interest; indemnity principle; proportionality of sanctions; risk stability

ID: 85211351