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Insurers refuse to return funds in case of early repayment of loans

Insurers refuse to return funds in case of early repayment of loans

How figured out "b", Recently, complaints from clients of insurance companies and banks about the difficulty with the return of part of the insurance premium in case of early repayment of the loan have become more frequent.. Situations are especially common, when insurance is not actually related to the loan, but was imposed during its design. Lawyers note, that the practice is formally legalized, but money can be returned.

Cases have increased in recent months, when insurance companies (SC) do not return part of the insurance premium to customers in case of early repayment of the loan.

So, only on Banki.ru clients of IC SOGAZ, "AlfaInsurance-Life", «Согласие-Вита» и т. d. left dozens of complaints, that they cannot return part of the insurance premium in case of early repayment of a consumer loan, car loan, mortgages.

At the same time, in some cases, bank employees imposed insurance on customers, although the product is not tied to a loan.

Independent expert Andrei Barkhota notes, that in the first half of the year, citizens massively withdrew cash and, as one of the ways to invest these funds, used early repayment of debts. The Central Bank confirmed "Kommersant", who also received dozens of similar complaints over the past few months. It was clarified there, that in the case when different risks were provided for in one contract, one part of which was taken as collateral for the loan, and the other is not, insurers should not share risks, and they are obliged to return part of the insurance premium in case of early repayment of the loan.

Insurance companies claim, what they do within the law. The company conscientiously fulfills its obligations in accordance with all the conditions under previously concluded agreements, emphasized in AlfaStrakhovanie-Life. SOGAZ noted, that the company refunds part of the insurance premium in case of early repayment of the loan "in strict accordance with the law". In IC "Consent-Vita" did not respond to the request of "Kommersant".

Lawyers confirm, that formally the actions of insurance companies are legal.

So, according to a partner at the Pen Bar Association & Paper by Ekaterina Tokareva, Depending on the terms of the contract, the policyholder may or may not qualify for a partial refund of the premium.. "Conditions may include, that the sum insured in the amount of the initial loan amount remains unchanged during the entire term of the voluntary personal insurance contract, and the term of this agreement and the amount of the insurance payment do not depend on the early repayment of the loan and on the balance of the loan,- she explains. - In this case, early repayment of the loan does not terminate the insurance contract, Insurance premium is non-refundable. If, under the terms of the contract of voluntary personal insurance, the payment of insurance compensation is due to the balance of the debt on the loan, then early repayment of the loan before the expiration of the insurance contract entails its early termination, notes the lawyer. The insurance premium is refundable in proportion to the period, for which the insurance contract is terminated early.

Herewith, according to Andrey Lyamzin, lawyer at Sphere of Protection Law Firm, the consumer can count on a refund of part of the premium, if he proves the fact of the imposition or relationship of insurance to the loan. “It is possible to prove the imposition of insurance at the conclusion, providing the court with information about, that the bank without alternative offered the borrower to secure the risks,- he explains. - I would advise you to attach an audio recording of the conversation to the case file, written evidence, for example, correspondence with the bank.

Ekaterina Avdeeva, head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts, notes, that insurance is often imposed as a prerequisite for a loan, and ultimately has nothing to do with it., consumer is misleading. “This practice should attract the attention of the regulator and be eliminated.,- she believes. - It is worth increasing fines for repeated violations of consumer rights, which will negate the potential financial gain for dishonest behavior".

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