To obtain a loan from banks, borrowers are forced to pay certain types of fees and enter into a loan insurance agreement.

If the entire amount of the debt is repaid early, borrowers have the opportunity to return the remaining portion of the paid insurance amount. There are several ways to achieve this.

Credit insurance

Insurance of the loan amount for the period of lending is carried out by banking institutions in order to protect themselves and receive funds issued to the client under any circumstances.

According to the current law life and health insurance of the borrower is possible only if he wishes, while collateral is subject to mandatory insurance.

Many banks, in essence, force all types of insurance on their clients. However, insuring the purchased property or vehicle, which serves as collateral for the bank, is also beneficial to the borrowers themselves.

In the event of unforeseen situations, such as partial destruction or complete destruction of the house, the balance of the debt must be covered by the insurance company. But in most cases, the insurance premium is an unnecessary and expensive option.

If the borrower has confidence in the speedy repayment of the loan received, the insurance service will only take away additional funds from the client.

It is worth agreeing to conclude an agreement with an insurance company in a situation where borrowed funds are taken for a long period and there is a threat of loss of solvency in the event of loss of health or loss of job due to job cuts.

Such cases are considered insurance, and you can count on compensation from the insurance company.

Features of drawing up an insurance contract

Often, when receiving a loan, the borrower pays various fees that the organization’s employees did not tell him about, including the insurance amount.

If there was no corresponding agreement, you can contact the bank with a written application for a refund of the money spent on insurance. If the banking institution refuses, a lawsuit is filed in court.

When deciding to enter into a loan insurance agreement, you must carefully study its terms. It must indicate the amount of the insurance policy and include clauses on the possibility of returning the insurance amount in various situations and conditions of termination of the contract.

The borrower has the right to put forward certain and essential terms of the contract, under which he undertakes obligations to fulfill them.

The subject of such an agreement may be:

• life and health of the person who received borrowed funds from the bank;
• real estate purchased under a mortgage program and acting as collateral;
• a vehicle purchased with money from a car loan.

All these types of insurance make it possible to repay the loan debt upon the occurrence of an insured event.

Refund of insurance after loan repayment

If the loan is repaid early in full, the insurance contract is still in force.

You can return the money paid to the insurance company for the period of insurance that has not yet passed. It's worth sending it to her written application for the return of the overpaid amount.

In the best case, the company’s employees will make a calculation and give out the rest of the money. In the worst case, they will refuse to pay, then you need to file a claim with the judicial authorities.

According to the court's decision, you will be reimbursed for the balance of the amount paid, while the costs of legal fees will fall on the insurer.

Sometimes the terms of the contract require an annual payment for the insurance policy. In this case, if the loan is fully repaid you can stop your payments under the insurance contract, essentially refusing further services from the company.

If there are no special conditions in the contract, it will automatically cease to exist. In this situation, there will be no refund of money for insurance, but a refusal of previously accepted obligations.

Refundable amounts

When the insurance company agrees to terminate the contract and return the money to the client, it often seeks to pay less than the required amount, reducing it by including it in the calculation of its expenses.

Any methods for calculating the amount to be returned have not been developed or approved by the relevant government agencies.

In case of early termination, only the provision is valid that allows funds to be withheld against the company's costs incurred in servicing the contract during its validity.

The client has the right to request a calculation of the actual costs for this time, the basis of which is only the commission fee to the company's agent for supporting a specific contract.

The insurance company may refuse to pay the amount due to the client, citing the following circumstances:

The application deadline has passed. It is one month from the date of the insured event, unless otherwise specified in the contract. If for some reason it is not possible to write a paper, you should notify a company employee by writing down his data;

The application does not indicate the required data: number, date of the contract, data of the insured person, and also does not indicate the date of occurrence and circumstances of the insured event;

The necessary documents confirming the fact of the accident were not attached. A package of documents is collected depending on the type of insured event:

• if incapacity occurs, you will need a medical certificate and an extract from the patient’s card;
• upon the death of the insured person, it is necessary to provide a death certificate from the registry office. Then the insurance is issued to the beneficiary or heir specified in the contract.

Let's sum it up

Before signing an insurance contract, you should carefully study its provisions, include a clause on the possibility of termination and specify the conditions for the return of the insured amount.

Enter into such an agreement if you take out a loan for a long period of time and believe that you will not be able to repay it in the near future.

If an insured event occurs, prepare all supporting documents and send them along with the application to the insurer.

If the insurance company did not return the entire amount due for payment, send a claim to it about your disagreement. If there is no positive answer, file either a complaint with the Federal Insurance Supervision Service or a statement of claim in court.

Video about waiving insurance when receiving a loan

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20 comments

• On August 10, 2015, I entered into a loan agreement for consumer needs. On November 14, 2015, I repaid the loan in full and asked about the return of part of the borrower’s life and health insurance, which was issued when concluding the loan agreement, but I was refused. Are the Bank's actions legal?

  Of course not. The bank's actions are unlawful; it is obliged to return part of the insurance or its entire amount! In this case, if refused, you must go to court, write a statement, attach copies of all documents, receipts (information) for loan repayment. If you need legal assistance, we will be happy to help you, we provide free consultation in all areas of law, write to us by email: [email protected] or call: 8-908-136-99-55, Tatyana Nikolaevna.

  The question is a little off topic, but please answer if possible. I decided to terminate the accumulative insurance contract early. According to the agreement, 80% of the accumulated amount (redemption amount) must be returned. Previously, during the validity of the contract, I received an insurance payment in connection with an injury. Is the ransom amount subject to reduction by the amount previously paid due to an injury? If yes, what regulations provide for this?

  I took out a loan for a period of 5 years, but am making an early repayment (less than a year has passed). The insurance amount is about 80,000 rubles. There is no policy, no insurance amount, only one amount is stated. There is a clause that if the contract is terminated, the amount will not be returned.
  what should I do? How can I get my money back for insurance? and do a recalculation?

  Good day! I took out a cash loan from Renaissance Bank in 2014 for a year, 2 months later I repaid this amount ahead of schedule, asked for a refund of the amount for insurance and was refused, I understand perfectly well that the bank employees are wrong... I want to write a statement of claim to the insurance company and court... help!

  Hello, I took out a loan of 50 thousand rubles, paid it off ahead of schedule and at the same time overpaid the bank with interest of 30 thousand rubles, how much percentage of this entire amount should the insurance company pay me?

  On July 27, 2015, I took out a loan from a Moscow credit bank for 150,000 for a year. To pay 209,000 with interest and with insurance. Will the amount for insurance be partially returned to me if I repay the loan early?

  Hello!
  In 2006, I took out a mortgage for a period of 15 years, repaid it ahead of schedule in 2013. Every year, when paying off the mortgage, I paid insurance premiums in the amount of 6,000 rubles. Please tell me, can I now return the paid insurance premiums? The fact is that I only recently found out about the return of insurance.

  Good afternoon On December 18, 2015, I received a loan from VTB-24, but during the consultation I was told that the amount of the Agreement also included insurance, but in fact, the insurance turned out to be in excess of the loan in the amount of 40 thousand rubles. On December 19, I repaid the loan in full - 224,000 rubles, but without 40 thousand. I wrote a statement that I had repaid the loan, and I was refusing the insurance amount, because it was imposed on me voluntarily and forcibly. In 2 days I paid the required interest on the loan amount of 224,000. I did not receive a written response from VTB-24, but only by phone they told me that my application for closing the loan was denied. What should I do?

  Good afternoon
  I took out a loan for 4 years, but paid it off in 2 years. During this time, there were late payments (several times), and collectors began calling me, although I paid every month! As a result, I got tired of all this, and I completely repaid the balance equal to half the loan amount. Question: can I demand a refund of the insurance amount in this case?

  Please answer, is it possible to return the insurance for an early repaid loan? The due date is 2019, but it was repaid early in 2015 and 2 months have already passed since the last payment of the early payment.

  In 2006, I took out a mortgage for a period of 15 years, repaid it ahead of schedule in 2013. Every year, when paying off the mortgage, I paid insurance premiums in the amount of 6,000 rubles. Please tell me, can I now return the paid insurance premiums? The fact is that I only recently found out about the return of insurance.

  Greetings, dear forum member, please advise, give me advice on what to do - 3 days ago, after consulting with my significant other, we planned to order a wall bars for ourselves,
  but suddenly it turned out that we were missing 26,000 rubles. Where do you recommend getting a microloan?

  Hello, when applying for a loan, the operator talked about insurance. Much later it turned out that I bought a package of services for 70,000 rubles, with the requested amount of 140,000, which included insurance and several fairly familiar and mandatory banking services that usually accompany credit. Thus, I came to the conclusion that the bank employee misled me. I wrote a complaint about this and asked to issue an insurance policy, the bank responded to me by sending me a refusal to issue such a policy, because This agreement was referred to as the purchase of a package of services, and not as insurance in principle. Please tell me, can I count on a refund of insurance for this package of services if I plan to repay the loan early? The package amount is terribly high when compared to the loan amount required. I didn’t expect to give that kind of money to the bank. Thank you.

  Good afternoon. I took out a loan, in which life insurance was imposed on me.
  This was said when signing the documents. In response to my refusal, they said that without insurance the bank would refuse and that I could refuse it at the bank. At the office, I consulted with a bank employee who assured me that the money would be transferred to my card within 30 days and asked for a printout to bring the card details. Then I receive a letter that the contract with the insurance company has been terminated, BUT the money will not be returned according to the clause. 8.4
  Can I not pay money for the insurance imposed on me?

  Hello, I repaid the loan ahead of schedule, how to return the balance of the insured amount for early repayment, I wrote an application to Promsvyazbank for a refund, I received an answer: that the bank allegedly fulfilled the insured amount with a commission to the insurance company SOGAZ LLC in full;
  - you received insurance on your own initiative; insurance services are not imposed, unprofitable and burdensome for you;
  - confirmation of familiarization with the terms and conditions of the Bank’s “Borrower to Borrower” voluntary insurance program that were current as of the date of signing the application for concluding an agreement and the individual terms of the agreement.
  The contract for the provision of services under the voluntary insurance program “Borrower Protection” does not stipulate anything about the case of early repayment of the loan

  “I’ve been using consumer loans for about eight years. I always agree to take out life and health insurance. I don’t regret at all that I overpay a significant amount for this service. “Anything can happen in life, and if something happens to me, then none of my relatives will have to pay off my loan.”

When issuing consumer loans, any banking institution voluntarily and compulsorily offers the borrower to insure his life. This means that it will be impossible to borrow money from a bank without insuring your life.

In fact, paragraph 1 of Art. 421 of the Civil Code of the Russian Federation provides for freedom when concluding any contracts. Only in one case, in accordance with Art. 31 of the Law of the Russian Federation of July 16, 1998 No. 102-FZ “On mortgage (real estate pledge”), in credit relations between the borrower and the lender there must be mandatory insurance of the pledged property by the mortgagor. We are talking about an insurance agreement for property pledged under a mortgage agreement, which must be concluded in favor of the mortgagee. In all other cases, when receiving loans, it is not necessary to enter into such an agreement.

If you have already borrowed money from the bank and plan to pay it off ahead of schedule, then you may be faced with the question of returning the insurance premium if you repay the loan early. Indeed, sometimes this contribution reaches 30–40% of the total cost of the loan.

Is it possible to get the money back if the loan is repaid early?

After repaying a bank loan ahead of schedule, you have the right to repay insurance premiums only if such conditions are provided for in the insurance contract itself.

When an agreement with a bank or an insurance company (hereinafter referred to as the insurance company) contains a specific clause stating that it is impossible to return the unused amount of the insurance premium, then by terminating the loan agreement ahead of schedule, you lose the right to return your contribution.

Before you write an application to the bank, you need to consider several points:

• Is the possibility of repayment reflected in your loan agreement? If not, you will not be able to achieve your goal even after going to court;
• there should be no overdue debt;
• You can return the full amount of insurance from June 1, 2016 within 5 days after the contract is issued. The main thing is that an insured event does not occur by this time;
• all or part of the loan must be repaid ahead of schedule.

Return methods

Return of part of the premium upon early repayment of the loan is possible through pre-trial and judicial settlement.

Contacting a bank or insurance company

At the stage of pre-trial settlement, you need to submit a written claim to the banking institution or insurance company, in which you demand to recalculate the paid fees or partially return them in case of early repayment of loan obligations. The application is written in 2 copies.

When submitting an application, you should insist that it be registered by a bank employee, making a corresponding note on the second copy.

If the bank branch is located far away, the application can be sent by registered mail with notification and a list of the contents. In this document you need to indicate the period during which you expect the bank to make a decision, requiring you to give you a written response to the specified address/

At the same time, order an extract from your personal account to see what amounts and for what insurances you have paid.

Application processing time

Each bank sets its own deadlines for returns - you can find them out from its managers or on the hotline.

In accordance with the law, the application must be considered within 30 days. This is usually done faster. If you do not receive a response within a month, you can call the head of the bank or take another pre-trial appeal step - contact the regulatory authorities.

Contacting regulatory authorities

Rospotrebnadzor controls the work of banks. An application to this organization has the same form as to a financial institution. It must be accompanied by a copy of the claim sent to the bank, the response of the banking institution if available, a list of investments and a notice confirming delivery of the application to the addressee.

If the response of Rospotrebandzor, which must be given no later than 30 days after receiving the complaint, is not satisfactory to you and you still cannot receive paid insurance premiums, then you can appeal the actions of the financial institution by filing a claim in court.

Going to court

You can go to court in several cases:

• if you are forced to enter into an insurance contract by threatening to refuse to sign a loan;
• after appealing to Rospotrebnadzor the bank’s actions in case of refusal to satisfy the requirements;
• immediately after the bank or insurance company refuses to pay the amounts due or respond to the submitted application. This can be done without going through the authorities of Rospotrebnadzor.

When filing a claim, you need to be prepared for the fact that the trial may drag on for a month or more.

Claims with an amount of up to 50 thousand rubles are considered by the magistrate court, in other cases - by the court of general jurisdiction at the location of the banking organization.

Along with the statement of claim, which must be drawn up according to the general rules of civil procedural proceedings, the following is submitted to the court:

• a copy of the loan agreement;
• a copy of the insurance contract;
• receipts confirming the fact of loan repayment;
• calculation of the amount of the claim;
• a copy of the application submitted to the bank or insurance company, with confirmation of the attachment of documents and its receipt;
• response from the bank or insurance company – if available;
• copies of the complaint to Rospotrebnadzor and its response - if any.

Before filing a claim, you should correctly calculate the amount of the claim, since it may be less than the amount of legal costs. Should you go to court in this case if the court does not satisfy your demand to recover legal costs from the defendant (bank or insurance company)?

The general limitation period in accordance with civil law is 3 years. This also applies to payments made for insurance premiums.

Rules for drawing up an application

An application to a bank or insurance company for payment of amounts due must have several parts.

In the upper right part of the application (“header”) indicate the details of the bank or insurance company, then the address and contact information of the applicant.

The information part contains all the data about the loan agreement and the insurance agreement: number, date of conclusion, validity period, conditions, calculation of the amount paid under the agreement, requirements for refund and their justification.

The final part of the application contains a list of documents that will substantiate the plaintiff’s claims and confirm the facts presented to them.

The application is signed by the interested person, and a date for its submission is set.

If you, as an individual, want to claim paid insurance premiums after repaying a loan taken from a bank, then in order to quickly and correctly consider your claims, you should seek help from qualified lawyers of our company. They will give you competent advice and help you draw up an application, after which you will have a real chance of getting back the overpaid money.

Today, when issuing loans, most banks force borrowers to take out insurance policies. In order not to break the law (according to Article 343 of the Civil Code, only property transferred to the bank as collateral for a loan is subject to compulsory insurance), financiers resort to various tricks. Thus, borrowers who have purchased a policy are offered more favorable lending conditions, or insurance is included in the package of additional services provided by the bank. As a result, when repaying a loan early, a client of a credit institution faces a problem: insurers do not always agree to return the insurance premium that was paid in advance for the entire period of validity of the loan agreement. How legal is it to refuse to return part of the paid fees, and what to do in this situation? Let's try to figure it out.

Conditions for early termination of the insurance contract

If you purchased an insurance policy when applying for a loan (regardless of whether you or the bank were the beneficiary of it), if you repay the loan early, you should try to return part of the insurance premium paid to the insurer. To do this, immediately after repaying the entire loan amount, you must contact the insurance company, providing:

• a copy of the loan agreement;
• passport;
• a certificate from the bank confirming full repayment of the loan;
• an application written to the head of the insurance company for early termination of the insurance contract and the return of part of the insurance premium.

Many borrowers make the same mistake: they do not contact the insurer directly, but the bank where they took out the policy. Such actions may be justified if insurance was included in the package of banking services (we will consider this point separately). In all other cases, if you want to quickly receive a response from the insurer and increase your chances of getting a refund of the paid insurance premium, it is advisable to immediately contact the insurance company.

The conditions for early termination of the insurance contract are described in detail in Article 958 of the Civil Code of the Russian Federation:

1. The insurance contract terminates before the date for which it was originally concluded if, after its entry into force, the risks of an insured event have disappeared, or for other reasons, including:
   • in case of destruction of the insured property;
   • in the event of termination of business activity by a person who has insured the business risk or the risk of civil liability associated with business activity.
2. The policyholder or beneficiary has the right to cancel the contract by submitting a corresponding application at any time, if by the time of refusal the possibility of the occurrence of the insured event has not disappeared due to the circumstances described in clause 1.
3. The insurer has the right to receive a portion of the insurance premium in proportion to the time during which the insurance policy was valid in the event of early termination of the insurance contract due to the circumstances described in clause 1.

The insurer has the right not to return the insurance premium (unless otherwise provided by the contract) in the event of early refusal of insurance by the beneficiary or policyholder (clause 2.).

It is worth paying attention to the second paragraph of clause 3 of Article 958: if the insurance contract is terminated at the initiative of the borrower (including if he repays the loan early), the insurer has the right not to return the previously paid insurance premium. However, despite this wording, lawyers, when challenging the insurer’s refusal to return part of the insurance premium, can use several “loopholes” that allow them to defend the interests of the borrower. We will tell you about them in more detail.

Room for maneuver: how to return part of the insurance premium

Please note that if you submitted an application to a bank or insurance company with a request to return part of the insurance premium to you, and then received a refusal with reference to clause 3 of Art. 958 of the Civil Code of the Russian Federation, with a high degree of probability you will not be able to solve the problem on your own. In this case, a qualified lawyer can find a way out of the situation using 2 options:

1. Referring to the wording in the loan agreement, with which the insurance agreement is inextricably linked. Thus, most often the loan agreement contains a provision on “concluding an insurance agreement for the entire term of the loan agreement” (the wording often differs, but the meaning remains the same). That is, if the term of the loan agreement is terminated due to the early fulfillment of the borrower’s obligations to the bank, then the insurer’s obligations must also terminate.
2. Referring to the fact that the insurance risk consisted in the loss of the ability to repay the loan in the event of an insured event. That is, after the loan is repaid, the existence of the insurance risk ceases due to circumstances other than the insured event. According to paragraph 1, clause 3, art. 958, if “the insurance contract terminates before the date for which it was originally concluded, if after its entry into force the risks of an insured event have disappeared,” the insurer is obliged to recalculate and return part of the insurance premium.

Important: these are just loopholes: as a rule, insurers still refuse to return the insurance, and then you have to go to court. There are no guarantees of winning: usually the outcome of the case depends on the position of a particular judge.

However, despite all the difficulties, when concluding an insurance contract directly between the borrower and the insurance company (even if the beneficiary of the contract is a bank), bank clients still have a chance to return part of the insurance premium. Many insurers, in an effort to demonstrate their loyalty to clients, include clauses in insurance contracts that clearly regulate the procedure for returning the insurance premium in the event of early termination of the contract. Also, special conditions may be specified in the current Insurance Rules. After studying the contract and accompanying documents, you can assess your chances of success even without the help of a lawyer.

The situation is worse when attracting a borrower to the so-called “Bank Insurance Programs” and “Package Services”. In this case, the insurance contract is concluded between the bank and the insurer, and it is very difficult to return part of the amount paid (formally issued as a fee for using a package of services or connecting to the program).

What to do if insurance is included in the package of additional bank services

In some cases, banks offer clients to become participants in a special insurance program: then the credit institution itself acts as the insured; there is no direct insurance agreement between the borrower and the insurer. Consequently, the borrower cannot appeal to the provisions of the article of the Civil Code regarding early termination. The amount transferred by the client to the bank within the framework of such programs is taken into account as commission income of the credit institution, which in most cases cannot be returned under any circumstances.

Another “dubious option” is the package services that the bank sells to the client when applying for a loan. They may include not only insurance (in this case, the bank is again the insured), but also additional services - SMS information, issuance of debit cards, etc. It is possible to refuse only the entire package of services, and not an individual service, but the bank most likely will not refund the fee that is charged when purchasing the package. You will be able to save only on the cost of monthly service in the package (if this fee is charged).

Of course, there are banks that partially refund to clients the amounts paid for package services or connection to an insurance program. These include Sberbank with its “Collective Insurance Program for Individual Borrowers.” In particular, according to clause 4.2.1 of the “Terms of insurance for individual borrowers”, in case of full early repayment of the loan, the borrower has the right to a refund in the amount of the fee for connecting to the Insurance Program, calculated in proportion to the balance of the loan term. According to clause 4.3, if the client refuses to participate in the Insurance Program, within the first 30 days after connection, the entire amount paid for connection will be returned to him. To do this, just contact the bank branch where you applied for the loan and write a free-form application.

To summarize, we note that the basic condition for concluding an insurance contract when applying for a loan is the non-repayment of the insurance premium in the event of early repayment of the loan. Exceptions to this rule are possible: for this, the relevant clauses must be included in the insurance contract. You can also try to solve the problem in court by contacting a lawyer. If you purchase a package of banking services and join the voluntary bank insurance program, the decision on whether to return the commission is made solely by the lender. Additionally, we suggest that you familiarize yourself with:

Currently, most loans are issued on the terms of compulsory insurance of the collateral, the life of the borrower, or loss of a source of income.

By law, such an action can only take place when issuing a property loan, but financiers resort to some tricks. For example, clients who have taken out a policy are offered more preferential borrowing conditions.

If the loan is repaid early, bank clients may face the problem of returning part of the insurance premium. In most cases, financial institutions refuse such requests from individuals. As a result, borrowers question the legality of such actions.

Due to the high level of debt among the population, the percentage of outstanding loans increases annually. Loan insurance against non-repayment, in turn, is a kind of protection against financial risk for the bank.

Naturally, the bank will not tell the client about possible options for reimbursement of such funds. But sometimes we are talking about several tens of thousands of rubles.

Until recently it was like that. If the borrower, when signing the loan agreement, agreed to issue an insurance policy, then he had no way back.

When contacting the insurance company with an application for the return of part of the funds in connection with the early repayment of the debt, citizens received a guaranteed refusal.

From a legal point of view, such a service is provided with the voluntary consent of the client, as evidenced by the signature on the contract. Consequently, it is almost impossible to prove that such a waste of money was forced by the bank.

In 2016, the Bank of Russia resolved some issues in the insurance market. Thanks to this, citizens who took out insurance, under certain circumstances, were able to terminate the contract and withdraw money.

Under the new legislation, an individual can apply for a refund within five days. The insurer is obliged to pay the applicant within ten days.

Under what conditions is it possible to terminate an insurance contract?

If insurance was taken out when receiving the loan, then if such a loan is repaid early, you must definitely try to return part of the money under the current policy.

To do this, you should contact the insurance company with a certain package of documents, which will include:

• loan agreement with the bank;
• ID card;
• certificate of full repayment of debt;
• notification of the desire to terminate the insurance contract.

Quite often, borrowers make one serious mistake. To terminate the insurance contract, they contact the bank. However, such actions can only be justified if the policy is an integral part of the bank package of documents.

In all other cases, it is possible to return the loan insurance in case of early repayment only with a targeted contact with the insurer.

When studying in detail Article 958 of the Civil Code of the Russian Federation, it is worth paying special attention to paragraph 3, which states that if an insurance contract upon early repayment of a debt is terminated at the initiative of the borrower, then the insurer has the right not to return the remaining funds to the applicant. However, regardless of this formulation, lawyers manage to defend the interests of the client.

What kind of insurance can be returned?

In the credit sector there are both voluntary and compulsory insurance services. The second option often occurs when applying for a secured loan, namely:

When receiving a car loan, the financial institution has the right to oblige the client to insure the purchased vehicle.

An uninsured mortgage is also rare. Banks may present insurance of the purchased property or life of the borrower as a mandatory condition.

In other cases, the presence of a policy when signing a contractual relationship is voluntary.

Repayment of the insurance premium is possible for property, targeted, consumer borrowing in cash and non-cash form.

Most often, such loans are accompanied by the following types of insurance:

Insurance in case of loss of source of income;
Life and health insurance of the borrower;
Financial risk protection.

Insurance of personal loans is a legal procedure. However, this additional service significantly increases the cost of borrowed funds. If this procedure is optional, the borrower has the right to refuse it.

It will not be possible to neglect the mandatory policy, since the bank simply will not approve the issuance of funds. Therefore, before refusing loan insurance, you need to clarify its status.

Refund of consumer credit insurance

1 The most common and accessible is a consumer loan. This product is very beneficial for banks and insurance companies, which is why the registration of such borrowing is often accompanied by compulsory insurance.

2 A commodity loan can be of two types: with collateral and without collateral. Property loans are most often subject to compulsory insurance due to the fact that the collateral serves as security for financial risk.

3 A consumer loan without collateral can also be encumbered by a policy, but by law the borrower has the right to refuse it even after signing the contract. If the client submits an application within a month, the insurance company is obliged to return 100% of the funds to the client; after this period, the refund will be made in accordance with the terms of the insurance contract.

It is worth noting that the client has the right to return the paid premium during the so-called “cooling off period”. This concept has a legal basis and is a kind of “loophole” in the law, which can be used in the following way.

In order to understand how to get a loan without insurance, you need to carefully study the algorithm for the following steps.

Firstly, it is fundamentally important to carry out the operation within five days. Secondly, to get a refund for the service you need to contact the insurance company.

This is where an application for refusal of insurance is submitted. By law, the money paid must be returned to the client’s account within 10 days. If refused, the borrower has every right to go to court.

As for changing the interest rate on a loan, the situation is as follows.

If there are certain clauses regarding insurance in the terms of the contract, it is quite possible that the cost of the loan will increase. However, if there are no such clauses, the borrower can safely refuse unnecessary expenses.

Group insurance can be dangerous

At first glance, the “cooling off period” is a reliable protection against forced insurance.

However, Russian banks turned out to be quite inventive and came up with their own insurance scheme.

As you know, the presence of a policy has a direct impact on the interest rate, and this legal document also protects the bank from financial loss.

In this regard, to prevent the client from refusing such a service, lenders began to offer borrowers to become participants in a collective insurance agreement. What does this give?

The Central Bank can regulate issues of the “cooling period” only in relation to individuals. And in the case of collective insurance, the bank acts as an insurer. In other words, a financial institution simultaneously insures its entire loan portfolio against possible negative consequences and, in turn, adds borrowers to this agreement, often without explaining the details.

As a result, an individual cannot refuse insurance as it is part of a legal contract.

In connection with the above, when drawing up a loan agreement, you must carefully study all the conditions of the loan provided. Legal literacy will always help to avoid unexpected expenses, hidden interest and commission fees.

Insurers often take advantage of the client’s haste and inattention by slipping an agreement with dubious conditions for signature. Also, when endorsing a finished document, you should always pay attention to its date, otherwise a backdated agreement will not allow an individual to take advantage of the “cooling off period.”

Before you begin active steps to return part of the insured amount under a contract that was repaid ahead of schedule, you must carefully study its terms. It may be that this requirement will have to be presented not to the bank, but to the insurance company.

In the first case, when the beneficiary is a financial institution, the loan agreement must clearly state the procedure for returning the insurance on a closed loan.

But banks and insurance companies often use simple standard forms that contain a minimum of information and where the main conditions are stated in general phrases.

Quite often, from a legal point of view, insurance payments are considered by the bank as an additional service or commission income. Therefore, unless otherwise specified in the contract, such amounts of money are non-refundable.

Today, a more loyal attitude towards clients can only be found in leading Russian banks (Sberbank, VTB, Rosselkhozbank). Having good financial support, such companies can afford to refuse to assign an insurance premium and thereby create a reputation for themselves as an honest bank.

Hi all. The week is coming to an end, and today I would like to talk about this. What do you know about getting a refund of the premium you paid for your credit insurance? What if I say that you can return this money, well, at least part of it? I think this is a good reason to read the article.

In fact, and I want to warn you right away, this topic is quite controversial. And it is not always the case that a borrower who has paid for his loan insurance can demand this money back. Yes, of course, he can try to challenge the insurance clause in the loan agreement (if he has joined the collective agreement on voluntary insurance) or invalidate the insurance agreement (concluded between him and the insurance company) that were imposed by the bank. But is there a chance to get his money back from a borrower who did not dispute the insurance, but simply repaid the loan early? This is what we will talk to you about today.

So, the conditions of our task: the borrower took out a loan and agreed to insurance. At the same time, the insurance was paid in full using credit money. And lo and behold, the borrower repays the loan ahead of schedule. This is great! Banks love such borrowers. But what to do with the insurance contract? On the one hand, it continues to operate, on the other hand, the need for it has disappeared.

Remember the first one! In such a situation, do not rush to terminate the contract! If you write such a statement to the insurance company, it will, of course, terminate the contract, but will not return the money to you. Rationale: If the insurance contract does not stipulate that upon early termination of the insurance contract, the insurer (insurance company) returns to the policyholder (borrower) the balance of the unused insurance premium, then the money remains in the insurance company.

If such a possibility is provided for in the contract, the insurance company is obliged to recalculate the amount that you paid for insurance (the total amount is the period of time when the insurance contract was in force) and return the balance to you.

Remember the second one! Before taking any action to return your money for insurance, carefully study the Insurance Agreement and the Insurance Rules developed by your insurance company. If you were not given such rules, you can find them on the Internet.

What should you see in the Rules and Agreement? Firstly, the grounds for termination of the insurance contract, and secondly, the opportunity to return part of your money in the event of early termination of the insurance contract. These points must be present.

And now about the ambiguity of this topic. By and large, as I already said, the key to your success consists of two criteria:

• You repaid the loan ahead of schedule;
• The Insurance Rules of your company contain a clause according to which, in the event of termination of the insurance contract due to early repayment of the loan, the insurance company is obliged to return to you the balance of the insurance premium minus the amount already used (that is, your amount minus the validity period of the insurance contract until the date of its termination ).

In most cases, when such a clause is included in the Insurance Rules, the insurance company pays the borrower the amount due to him. But what to do if the insurance company does not return the money?

And here lies, in my opinion, the main controversial point. Judicial practice in such cases is extremely scarce and contradictory. But, I have found for you one of the few options that can work in your favor. Now I will tell you theoretical calculations, and you can either simply take them into account, or try to use them to restore justice in court. At the end of the article, according to tradition, I will distribute chocolates to everyone who wants it, that is, a sample of the required statement of claim.

Like all other cases related to the protection of consumer rights, these are also not subject to state duty, and are considered in court at the place of residence of the consumer, that is, the borrower. In other words, by filing such a claim in court, you do not lose anything, but you may well gain.

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So, according to paragraph 1 of Article 958 of the Civil Code of the Russian Federation, the insurance contract is terminated before the expiration of the period for which it was concluded, if after its entry into force the possibility of the occurrence of an insured event has disappeared and the existence of the insurance risk has ceased due to circumstances other than the insured event. And this is exactly the case of early repayment of the loan. In other words, by repaying the loan ahead of schedule, you create a condition for termination of the insurance contract.

And this is what the Law says about the insurance premium (your payment for insurance). According to paragraph 3 of the same Article 958 of the Civil Code of the Russian Federation, in case of early termination of the insurance contract under the circumstances specified in paragraph 1, the insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force. That is, the insurance company has the right to keep part of the insurance premium, and must return the rest of the money to the policyholder, that is, to the borrower.

In addition, the Law of the Russian Federation “On the organization of insurance business in the Russian Federation” also speaks in favor of this position. According to paragraph 7 of Article 10 of the Law, upon termination of a life insurance contract providing for the survival of the insured person to a certain age or period or the occurrence of another event, the policyholder is returned an amount within the limits of the insurance reserve formed in the prescribed manner on the day of termination of the insurance contract. The policyholder is the borrower, and accordingly, he has the right to receive the balance of unused money.

And, finally, indirectly, this position is confirmed by the Letter of the Ministry of Finance of the Russian Federation dated 05/08/2013 No. 03-04-05/4-420. According to this letter, firstly, the insurance company is obliged to return to the policyholder (borrower) part of the unspent amount of the insurance premium minus the term of the insurance contract, and, secondly, the policyholder (borrower) should not pay any taxes on this amount. In other words, the wind is blowing in favor of the borrower.

But there is one big BUT in this whole matter. All my calculations depend on the Insurance Rules, which differ for each individual insurance company. Therefore, before starting military actions against banks and insurance companies, read these very rules carefully.

Of course, you can try and fight them in court. Of course, I do not encourage you to write reams of statements of claim for every reason, but if you have something to lose, and if you think that you are ready to fight, do it.

And now about my draft statement of claim for the return of part of the insurance premium in case of early repayment of the loan

What the claim refers to: Firstly, to Article 958 of the Civil Code of the Russian Federation, I have already cited it above, and it deals with the basis for termination of the insurance contract, namely, when the very possibility of the occurrence of an insured event has disappeared and the existence of the insurance risk has ceased due to circumstances other than the insured event. This suits us.

Secondly, I used Article 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”, according to which the consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the expenses actually incurred by him related to the fulfillment of obligations under this agreement.

And thirdly, this form: I fulfilled my obligations under the loan agreement No. ________ dated ________ on 00.00.0000. Consequently, the existence of the insurance risk ceased, since according to the terms of the insurance contract, in the event of an insured event, the insurance company had to pay the Borrower's debt to the Bank. And in this case, since the loan was repaid ahead of schedule, the insured amount is zero. Therefore, the Defendant is obliged to return to me the amount of money under the insurance contract in the amount of ____________ rubles.

That's all, in general terms. Before filing a claim, do not forget to send to the insurance company first an application for the return of unused insurance premium in connection with early repayment of the loan, and then a pre-trial claim. They are also in the book. And I recommend watching the video on my channel. In it I talked about this whole story with tied insurance.

P.S. Yes, by the way, I have several positive decisions on such disputes. All my articles are based on my real practice. One example is in the book.