Why driver CASCO is not entered in the insurance policy?

A few days ago to us, Petrozavodsk avtoyuristam . on insurance disputes Karelian motorist came and told me that one well-known Russian company , represented by the branch in Karelia, denied him the insurance payment under the contract CASCO on the grounds that the driver at the time of the accident was not inscribed in the hull insurance policy .Generally, in practice avtoyurista Petrozavodsk . on insurance disputes , failure CASCO - not such a rare thing .Among the failures of payments on CASCO - There are cracks in the payment on the hull when the driver is not entered in the policy , and the accident happened with his participation . Studying this insurance dispute , the insurer believes that pay should not be , because this case is specified in the rules of CASCO insurance as a basis for refusal to pay . Is this true?
Why driver CASCO is not entered in the insurance policy? The reasons are different. Sometimes it may be that the insured , who is also the owner of the car, forgetting to specify yourself as a person admitted to management , because it is obvious that he can automatically operate the machine.Employee insurance company in Petrozavodsk , not paying attention to it, do not ask and does not indicate any in the policy. The result is that all is not specified in the policy - who can drive a car .Some Petrozavodsk motorists simply do not pay attention to the list of persons admitted to management under hull insurance policy , trust and control of the machine relatives and comrades. Understanding so that , once a CTP these people entered , then that is enough.In addition, some Karelian motorists believe that if they are sitting next to a man in the car , not specified in the policy , it does not matter that sitting behind the wheel of the vehicle is not entered in the hull insurance policy .Such situations often porazhdayut reasons for refusal to pay under hull when an accident involving a driver that is not listed in the policy CASCO .CMTPL Karelian insurer in this situation is responsible for the guilty party , even if it is not included in the list of persons admitted to management : pay the victim the amount of damage , and then has the right of recourse to such a driver.Under contracts hull insurers believe that the insurance case arises from an event which was attended by the driver , is not inscribed in the policy , based on which the statement is denied for payment .The policyholder gets a waiver under hull . And ask yourself two questions : Who is to blame ? What to do?Refusal to pay CASCO - you need to sue .
But do not rush greatly upset ! Avtoyurist on insurance disputes Petrozavodsk will help you get the insurance compensation in court. Challenge in court to prove that the denial of insurance indemnity insurer - illegal .Petrozavodsk courts are guided by the position of the Russian Supreme Court , which he takes , explaining how to apply the law in some litigation .Based on the latest ruling of the Supreme Court of the Russian Federation , where are illegal refusals in insurance payments under hull , you can try to recover indemnity in case of failure to pay , when the driver is not entered in the hull insurance policy .In particular, once the individual review the jurisprudence associated with voluntary property insurance CITIZENS approved by the Presidium of the Supreme Court of the Russian Federation of January 30, 2013 , stated the following :Driving a vehicle person not specified in the insurance policy does not relieve the insurer to indemnify risk "Damage" .Prior to the current practice of the Supreme Court ruling of Petrozavodsk on such disputes on failures CASCO was mostly negative , not in favor of the insurer , and in favor of the insurer. However, if there is a position of the Supreme Court that the failure in this case is illegal , the courts will follow this point of view , because it is an established practice and the judge need not cancel its decisions.We , avtoyuristov Petrozavodsk there is a positive practice in such disputes CASCO .