The number of fields, in which different countries are enforcing the obligatory liability insurance, is growing. It is an increasing
trend. However, in private law, there is the principle of freedom of contract, which raises the question, is it being breached? What,
if any, requirements can the state enforce on private relationships? The authors examine the principles of liability insurance and
topical problems in the context of obligatory professional liability insurance. The research is based on two neighbouring countries:
the Russian Federation and the Republic of Estonia (while the Estonian legal environment is in many ways influenced by the
legislation and legal practice of the European Union). The proliferation of obligatory liability insurance is decreasing the number of
tort claims (since many of the damages are compensated by the insurer if the insurance policy is in force). The authors consider
that the liability insurance fulfils a dual purpose: ensures a compensation for the injured party and at the same time prevents the
potential insolvency of the tortfeasor. So, the enforcement of obligatory professional obligatory liability insurance is justified in
many professional practices: legal consulting, medical care services, appraisal activity.
Despite the differences in legislation on certain types of professional activity, similar legal issues have been discussed by
lawyers and scholars: how to determine the occurrence of an insured event (trigger); should insurance be extended to cases of
intentional errors and omissions; whether the victim has the right to choose the subject of compensation (between the insurer
and tortfeasor)? The comparative legal method of research allows the authors to offer optimal solutions to the above problems.
Keywords: actio directa, obligatory insurance, professional liability insurance, professional errors and omissions, insured event,
act committed trigger, occurrence trigger, deliberate damage.