The Supreme court obliged to pay insurers and jockeysThe Supreme court of the Russian Federation obliged the insurance company to indemnify a loss caused by the driver, not entered in MTPL policy, but lawfully sat down for a wheel. Besides, the higher judicial instance supported the automobile owner who made demands to the owner of protected parking place about compensation of cost of the car stolen from it. About it on Tuesday “the Russian newspaper“ writes.
Precedent with the insurance has been created in the Perm edge. The owner of the car which have suffered in autofailure, addressed in court with the requirement about indemnification the originator of road accident who has not been entered in the insurance policy, but all other documents (the power of attorney on steering, the drivers licence and so on) for it were available.
the Supreme court took out definition according to which “the insurance sum should be paid irrespective of, on what conditions the contract of obligatory insurance“ is concluded. However the higher judicial instance also made explanations that the insurer has the right to show regressnyj the claim to the originator of failure and to claim from its all damages which it caused.
as the head of department of methodology of insurance of the Russian union of insurers Vladimir Kozlov, the given decision of the Supreme court - private explained to the newspaper.“ If there will be similar disputable cases, insurers will refuse payment. And only after the court recognises the person who has been not entered in the policy, the lawful owner which responsibility is insured on the concrete contract, the insurer pays a damage “.
the Supreme court also protected interests of the automobile owner, whose car has been stolen from a protected municipal parking in Southern district of Moscow. The owner of parking refused to pay to the victim indemnification for the stolen car, and police officers could not find originators of theft. Besides, the written contract with parking place was not made out.
the judicial board on civil cases of the Supreme court of the Russian Federation cancelled decisions of subordinate instances and obliged to indemnify a loss - about one million roubles - to the owner of the stolen car.