Nowadays, many citizens address to credit institutions with the aim of obtaining cash for urgent needs and almost always credit institution propose to enter into a contract of insurance of life and health.
I was approached by a citizen "E" for legal assistance.
A year ago, he concluded with OJSC "Alfa-Bank" the credit agreement. Under the credit agreement was concluded the insurance contract under the program "life Insurance and health of borrowers personal loans", LLC "AlfaStrakhovanie-Life".
"Alfa-Bank" at the request of the citizen "E" paid for the insurance contract in the amount of 40500 (Forty thousand five hundred) rubles out of the total loan amount that was transferred to the account of OOO "AlfaInsurance - Life."
The Trustee paid the Bank loan, but it so happened that the insured event had occurred, it was established 2 group of disability 2 degree of restriction of ability to labour activity. My client in the pretrial order appealed to the LLC "AlfaStrakhovanie - Life" to receive insurance benefits where the claimant's payment was denied, the latter said that to him personally the insurance contract they have not signed according to the rules of insurance, the insurance event is the establishment of 2 group disability 3 degree of restriction of ability to labour activity.
In accordance with the Order of the Ministry of health and social development of the Russian Federation of 23 December 2009 N 1013н who approved the "Classification and criteria used in the implementation of medico-social examination of citizens by Federal state institutions of medico-social examination" 3 the degree of restriction of ability to labour activity is a criterion when establishing only the 1st group of disability.
I have prepared and filed a statement of claim in Simonovsky district court of Moscow.
In the context of consideration of the civil case No. 2-659/15 in court, the defendant AlfaInsurance-Life did not recognize our legitimate claim, but the court acknowledged our demands are legitimate and issued a decision recognizing the prisoner the insurance contract, under the credit agreement, on the program "life Insurance and health of borrowers personal loans" between a defendant LLC "AlfaStrakhovanie - Life" and the plaintiff "E". Also recognized the establishment of a national "E" 2 group disability insurance event under the insurance contract, under the program "life Insurance and health of borrowers personal loans" entered into between the plaintiff and the defendant, "AlfaStrakhovanie - Life" under the credit agreement. As a result of a defendant LLC "AlfaStrakhovanie - Life" has been recovered in favor of JSC "Alfa-Bank" insurance reimbursement, to repay debt under the credit agreement, and in favor of the citizen "E" chargeable, "AlfaStrakhovanie - Life" litigation costs. The court denied compensation for moral damages and recovery from the insurance company a fine of 50% of the amount awarded by the court, aka the court found that the plaintiff is not in this dispute by the beneficiary of the insured event. However, had filed an appeal in Moscow city court which changed the decision of Simonovsky district court of Moscow and further sought moral damages and a fine in the field of the plaintiff.
I would like to wish the reader, before signing, carefully read the terms of contracts of insurance.
Sincerely, lawyer Vladislav Lyzhin.