When applying for a loan from a bank, borrowers are faced with such a nuance as insurance. Most often, this is not mandatory, but banks force the client to apply for it, increasing the interest on the loan. However, you can avoid unnecessary expenses by applying for a waiver of loan insurance.

Why do you need borrower loan insurance?

In this way, the bank strives to protect itself and the client in the event of unpredictable situations. In this case, the banking institution will receive the amount of debt with interest, and the borrower will be able to repay the loan using insurance funds.

The contract describes cases in which the insurance company will assume responsibility. Usually this:

• death of the borrower;
• loss of health;
• loss of the borrower's right to property;
• job loss.

If such an event occurs, neither the borrower nor his relatives will receive money in cash, since the entire insurance amount will be used to repay the loan taken. This is the positive side of such an agreement. However, bank loan insurance also has disadvantages.

The main negative point is the impact of insurance in terms of increasing the regular loan payment. Sometimes the cost of insurance is more than the principal payment itself. The cases listed in the contract may not occur, and funds for the likelihood of their occurrence must be paid regularly.

Is it possible to refuse loan insurance?

Very often, the bank does not ask the person whether he wants to be insured: the insurance itself is implied as a mandatory part of the loan. When the borrower asks whether this is necessary, some banks simply refuse to provide a loan. Others increase interest rates for using borrowed funds. Sometimes expenses at an increased rate can reach significant amounts per year. Therefore, you need to calculate what will be less expensive: pay a higher interest rate or still take out insurance when receiving a loan.

Insurance is required when a loan for a large amount is provided:

• secured by property. At the same time, it is necessary to insure the property itself, which is used as collateral;
• mortgage. The property for which the loan was taken or other property is insured;
• car loan The vehicle must be insured.

In all other cases, insurance of the borrower must occur with his consent - this is specified in Article 935 of the Civil Code of the Russian Federation. Therefore, if a bank imposes insurance on other types of loans, you need to carefully study the insurance contract itself. It specifies the terms of termination and if the insurer allows you to cancel at any time, you can do so.

How to refuse loan insurance: sample application

You can waive loan insurance by submitting an application - on the letterhead of a banking institution or in any form. Please include the following:

• your full name, phone number;
• passport data;
• the reason why you want to terminate the contract;
• Please sign and date it.

Such a document should look something like this:

“I, Ivan Ivanovich Sidorov, born on January 1, 1970, passport No. _________, refuse insurance from (specify insurance company) under insurance contract No. ________. I ask the bank to stop deducting insurance premiums under this agreement from the next billing period.

If the bank still decisively insists on insuring you as a borrower, study the loan offers of other banking institutions. Perhaps among them there will be some where you can do without insurance.

Similar

Many borrowers ask us whether it is possible to waive loan insurance and where to find a sample. During the loan application process, such applicants agree to insurance and sign the contract, almost without looking. After a while they realize that they don’t need the service and try to refuse it.

When is insurance mandatory?

According to our current Russian legislation, only those types of loans that are secured in the form of housing or a vehicle are subject to compulsory insurance. This may include:

• Mortgage, where the property is insured;
• Loan secured by property;
• Car loan.

In other words, you are only required to insure your collateral. But if you are also offered to take out a policy with your personal life, health or performance insurance, then you have every right to refuse this service.

However, banks actively offer this service and are reluctant to refuse it. Many lenders increase the interest rate when refusing insurance and use other methods to encourage the client to sign the contract. For borrowers, all this results in additional loan costs.

How can I cancel my insurance and get my money back?

First of all, you need to familiarize yourself with the loan documents that you have in your hands. The insurance contract specifies the conditions for its termination, if any.

If the insurer allows you to cancel the policy under certain conditions, for example, during the first 30 days, then you must draw up a corresponding application in free form or according to the insurance policy sample and submit it to the insurer or bank representative.

If you can return the money only with early repayment, then you need to first pay off the entire debt to the bank and obtain a certificate of no debt and closure of the account. With this certificate, you will contact the insurer with a request for a refund for those months that were paid but not used.

Remember: you always have 14 calendar days from the date of signing the contract in order to refuse the imposed insurance; this right is given to you by the relevant resolution from the Central Bank. You can find out more details.

What should the application look like?

The application must indicate the following:

• Full name, telephone
• Passport data
• Reason for termination of the contract
• Signature and date of writing.

Your submission should look something like the following.

I, Ivan Petrovich Vasiliev, born on September 15, 1977, passport No. ________, refuse to be insured by ______________ (name of the insurance company) under Insurance Contract No. __________. I ask the Bank to stop paying Insurance premiums for my life and health insurance from the next Billing period.

Many banks provide a special form for writing an application for waiver of insurance and have a sample of how to fill it out correctly. It is for this reason that you should not look for such documents on the Internet, because they have different designs; you need to take the application form directly from the company where you are getting a loan.

Where should I send the application then? If you received a loan from a bank and applied here within 14 days from the date of execution of the agreement, you can draw up the necessary document there and submit it to the loan specialist. He himself will transfer it to the insurance company for review.

If you have repaid the debt ahead of schedule, then you need to obtain a certificate from the bank stating that there is no debt and contact the insurer at the office yourself. If the insurance company is not in your city, you must send a registered letter to the head office with a copy of the bank certificate.

In case of early repayment of debt:

Can they refuse to return insurance?

Indeed, such cases are not rare; one might even say that they happen all the time. Banks do not want to lose their profit, which they receive from charging interest on the amount of your debt, because very often the cost of purchasing an insurance policy is included in the total amount of your loan.

Please read the terms of the contract before taking any action. If it is clearly stated there that the premium paid will not be refunded, then you will not be able to achieve anything in court. If you signed an agreement, it means you initially agreed to its terms.

In addition, it is worth understanding that the money paid can only be returned through personal insurance. Many companies document this service as a comprehensive service in their contracts, in particular VTB Bank. And then you won’t be able to recoup your costs.

If a bank or insurer refuses to pay you money, and you believe that this is happening illegally, you have the right to apply to the courts to protect your rights. At the same time, you need to remember that you will have to incur legal costs - payment of state fees and attorney services.

How to terminate a life insurance contract on a loan and get the money back?- a question that our lawyers hear more often than others.

Life insurance within the framework of credit legal relations- a voluntary service that neither banks nor insurance companies have the right to impose. However, almost always, when considering a loan application, a potential borrower is offered to take out insurance or purchase financial protection. You can refuse insurance, but it is not a fact that in this case a loan will be provided. Banks are not required to indicate the reason for refusing a loan. But even if the application is granted, most likely, the loan will be provided at a higher interest rate. As a result, one way or another, banks either indirectly force people to take out insurance, or create conditions under which a loan with insurance looks more attractive in terms of terms.

If you do have to take out insurance, you have the right to refuse it at any time.. True, the consequences of such a refusal will vary depending on the duration of the insurance contract and the grounds for termination of the contract. It is not always possible to get your money back for insurance, and this is precisely the main purpose of breaking off relations with the insurance company. Therefore, you always first need to analyze what will be beneficial and what will not, and what consequences will arise from refusing insurance.

Basic conditions for terminating insurance contracts

There are several time periods for refusing insurance, with different consequences:

1. The cooling-off period is an interval required by insurance companies to establish, during which the client has the right to cancel the contract and return all money already paid. It cannot be less than 5 days, and in practice it is often more. But increasing the duration of the cooling period compared to the standard period is a decision of the insurance company (bank), taken at its own discretion. For some banks this period is 14 days.
2. The period(s) during which the borrower has the right to refuse insurance, but can only claim a partial refund of the funds paid, for example, 75%, 50%, 25% and other rates. Here, insurance companies (banks) have everything individually - from the number of periods, their duration, to the size of the refund and possible additional conditions for terminating insurance.
3. Waiver of insurance beyond cooling off periods and other established waiver periods with partial refund. In this case, the procedure and conditions for terminating the insurance contract at the initiative of the policyholder are regulated by the provisions of Article 958 of the Civil Code of the Russian Federation. The maximum that a borrower can claim is a partial refund of the amounts paid for insurance, and in exceptional cases, directly specified in the law, or by the goodwill of the insurance company, which does not happen.

According to statistics, during the cooling-off period and other grace periods for waiving insurance, only a small proportion of borrowers apply for termination of the contract. Some people do not know that this can be done, including without studying the terms of the contract, and others at first do not attach importance to this possibility. Considering that the cooling period was introduced by the Central Bank only last year, many borrowers who entered into an insurance contract before the regulator’s instructions were automatically included in the category of those who can only qualify for termination of the contract on a general basis.

Waiver of insurance and refund during the cooling-off period

If your decision to terminate the insurance contract still falls within the cooling-off period, you must be guided by the procedure and conditions specified in the contract.

The standard procedure involves preparing an application in the established form to the insurance company (bank) with an attachment of an insurance contract, payment documents for payment of the insurance premium and an identification document. To speed up the process, it is better to apply in person, making sure to receive official confirmation of acceptance of the application, for example, a mark on your copy of the application.

The refund of funds paid for insurance and its amount are determined by the terms of the insurance contract. If the refusal is made within 5 days from the date of conclusion of the contract, then all deposited funds must be returned within 10 days after receipt of the application. If the refusal was received after the cooling period, then, subject to the presence of such a clause in the contract, the following may be returned:

• all funds minus the insurance premium accrued during the actual period of insurance;
• a certain percentage of funds established by the terms of the contract for a specific period of time elapsed from the moment of insurance.

Waiver of insurance after all cooling periods have expired

Everything is more complicated here, and you shouldn’t count on getting back the entire amount paid for insurance. An exception is when such a possibility and its procedure are expressly provided for by the terms of the contract. But, as a rule, they still return minus the amount accrued during the period of validity of the insurance contract, commissions and taxes.

The life insurance contract does not fall under any of the exceptional cases specified in Article 958 of the Civil Code of the Russian Federation, which allows one to count on the return of the insurance premium. You can refuse insurance at any time, but you can receive at least part of the premium only if the insurer considers it necessary to do so, or it follows from the terms of the contract. At the same time, the law directly establishes the right of the insurance company to reserve and not return or receive funds during the insurance period.

It is beneficial to submit an application for early termination of the contract if the insurance premium payment scheme involves periodic payments - they are usually included in the loan payment. Canceling insurance will allow you to avoid paying for it further. There is no prospect, but you can submit an application if the entire insurance premium has already been paid, in particular, in a one-time payment when applying for a loan and insurance. Here you can count on the return of at least part of the insurance and, as a rule, in court, only if you repay the loan ahead of schedule and thereby eliminate the possibility of an insured event (clause 1 of Article 958 of the Civil Code of the Russian Federation). In such a situation, the insurance company can recalculate the amount of the insurance premium as of the date of termination of the contract and return the overpayment, or it can use paragraph 3 of this article and not return the already paid insurance premium.

The cooling-off period is the period during which the policyholder has the right to refuse insurance without any consequences. In 2019, the cooling-off period is 14 calendar days from the date of conclusion of the insurance contract.

The main condition for waiving insurance is the absence of insured events during the cooling-off period. If the policyholder refuses insurance and the agreement has not entered into force, the insurer is obliged to return the entire amount paid to him. If the contract has entered into force, the insurer must return the amount paid minus a part proportional to the duration of the agreement.

The possibility of canceling the insurance contract applies to the following types of voluntary insurance:

• life,
• ground vehicles (except railway transport),
• liability for damage to third parties,
• liability of owners of motor vehicles and water transport,
• property of citizens,
• financial risks.

Step-by-step instructions for canceling insurance at the bank

To cancel insurance, you need to:

• Read all the terms and conditions of the insurance contract, paying special attention to the clauses that disclose the procedure for terminating the agreement: they must indicate the period during which the contract can be terminated.
• Submit an application for cancellation of life insurance.
• Submit the application to the insurance company. You can submit documents in person, using the postal service or courier.

The law does not provide for a sample application for waiver of loan insurance, so it is enough to follow a simple written form and indicate the following details:

• Title of the document.
• Date of preparation.
• Insurer details: name of the insurance company, location address, contact details.
• Details of the policyholder: full name, residential address, telephone number, passport details and bank details of the applicant, according to which the amount paid should be returned.
• Circumstances of the insurance transaction: when and where it was concluded, documents transferred and received, policy number.
• Waiver of loan insurance.
• A requirement to return the amount paid within a certain period.
• Receipt number confirming payment for insurance.
• List of applications.
• Signature with transcript.

A copy of the insurance contract, passport and receipt must be attached to the application.

Often used with this pattern:

Purchasing an insurance policy is not a prerequisite for issuing a loan.

Despite this, many banks do not issue a loan when they receive a refusal from potential borrowers to provide life insurance on the loan. And some banks do not warn at all about imposed insurance. Borrowers learn about this only after concluding a loan agreement.

After July 1, 2014, based on changes in the law, the bank is no longer able to impose insurance without the client’s consent.

According to the press services of banks, only 5% of clients require, the rest learn about this opportunity only after the established deadlines have passed. Therefore, at the moment, only a few are fully returning the “insurance” money.

What could be the reasons

It will not be easy to refuse insurance without a good reason. To somehow motivate your refusal, you can consider two options. Let's say you purchased a product on credit and they imposed insurance on you.

In this case, you can refer to the fact that it was sold or it failed for a reason that was not provided for by the terms of insurance.

And if it was life and health insurance, then you should refer to clause 2. In any case, they will not be able to refuse you and will set a time when you can terminate the life insurance contract and return the money. They will tell you what needs to be done for this.

But there is one condition. If more than 6 months have passed since the conclusion of the contract, then only a small part of the money spent on insurance will be returned to you, less than half.

It is worth noting that if you propose to the insurance company to reissue or change the terms of the contract, then your proposal will be received with great enthusiasm. For example, an insurance contract can be reissued as a cumulative one.

Then, at the end of the contract, you will be able to withdraw your money minus a small percentage. We recommend considering all options in order to get out of the situation as “painlessly” as possible.

Deadlines for refusal

Before you sign a loan agreement, carefully read all the clauses of its terms and conditions. One of them will necessarily indicate the possibility of refusing insurance and indicate the expected time frame for the start of the procedure.

Few people who want to take out a loan know that, for example, Sberbank provides the opportunity to refuse insurance within 14 days after signing the contract.

However, money can only be returned when the insurance contract has not yet entered into force. Otherwise, the client will be refused, or a meager amount will be returned, since the bank, in this case, faces tax consequences.

Alfa-Bank is also preparing for this possibility. And HKF-Bank, Promsvyazbank, Binbank provide this opportunity within 30 days with full reimbursement of the amount for insurance protection. Bank of Moscow, VTB 24, Russian Standard are not yet ready for this option.

Necessary documents and stages of insurance termination

In clause 9.3 we read the following condition:

Similar conditions are described in . Therefore, based on these rules, the borrower has the right to terminate the loan life insurance contract unilaterally and return the money in full for the insurance paid.

To terminate the contract, you must do the following:

• make copies of the policies, write on them by hand “Copy is correct”, put your signature, date and make a scan;
• write a handwritten statement that you want to terminate the insurance contract, indicating a specific reason (paragraph 2, part 3). The application must indicate the details of the policy. To transfer money for insurance, you need to indicate the bank account number to which you make monthly loan payments;
• We recommend sending these documents by registered mail with notification to the addresses of insurance organizations. The notice sent to you will serve as evidence in court if such a step needs to be taken;
• It would be a good idea to scan the documents and send them by email to the organization, as well as by fax. These details are the same for these organizations and can be found on the Internet.

Your application must be reviewed within 14 days. Then you draw up a written agreement with the insurer to terminate the contract (). After this, the money will be transferred to your bank account.

It would be useful to periodically check by phone about the status of consideration of your application, as well as find out the specific date for the transfer of funds. As soon as the money is transferred, you should write an application for partial repayment of your loan debt.

At the same time, carefully continue to repay your debt according to the schedule. In a few days, you should receive a new loan repayment schedule, taking into account the adjustment of the principal debt to the amount of insurance money.

After receiving the loan, we contact the credit department of the creditor bank with a claim about the infringement of your consumer rights, a sample of which is presented below:

Application-claim for refusal of life insurance on a loan

Usually, conscientious banks, and these are mainly large organizations, easily satisfy the borrower’s requirements. But it should be borne in mind that after this the bank can raise the interest on the loan for now its own risk. If the bank still refuses to terminate the insurance contract and return your money, go to court.

The required documents for the court are:

• statement of claim, a sample of which can be viewed in the provided file:
  

  Sample statement of claim to invalidate the terms of an insurance contract

• a copy of the loan and insurance agreement;
• written refusal of the creditor to terminate the insurance contract.

If you do not have a policy in hand, be sure to indicate this fact in the application. In court, the bank will be required to show it, and if your signature is forged there, then a serious punishment under the relevant article is inevitable.

In addition, it would be useful to present in court your conversation recorded on a voice recorder with the bank’s loan officer. To get such a record, ask a friend to visit the bank and.

After you provide a complete package of documents, based on judicial practice, the court decision to terminate the life insurance agreement on the loan is made in your favor.

Waiver of OSAGO

There must be a good reason to refuse car insurance.

Reason 1.

If the owner of the car that is on credit has sold it to another owner. In this case, the owner is replaced. Then the insurance policy for the former owner of the car becomes simply worthless. But the transaction must be formalized through a purchase and sale agreement.

How to formalize termination:

1. Write a letter of termination to the insurance company.
2. Attach to the application an identification document of the former owner, a copy of the MTPL policy and a receipt for its payment.

Reason 2.

There was an accident and the car was completely destroyed and could not be restored. The termination algorithm is the same, but you will also need to attach a certificate from the traffic police confirming the fact of the accident and a certificate from the car dealership stating that the car cannot be restored.

If the owner of the car died in the accident, a death certificate is attached.

Reason 3.

If the insurance company goes bankrupt, then when an insured event occurs, there will be no one to compensate for the loss. In this case, you should also refuse car insurance and, if desired, get reinsurance with another organization.

If some additional conditions were imposed on you with car insurance, for example, life and health insurance, then in this case the refusal of life insurance on the loan after signing the contract is formalized by an application, a sample of which is attached in the file:

Sample application for refusal of life insurance on a loan to OSAGO

In all cases, the application must indicate:

• your passport details
• contact information (how to contact you)
• reason for termination.

The application form in some companies is different, but be sure to indicate the fact that you are the initiator of termination of the contract, regardless of whether such a clause is provided for or not.

From the moment you submit your application, the contract will be considered terminated. The money must be returned to you within 14 days.

In Sberbank

We write the application to Sberbank by hand in any form, where we indicate:

• your personal data;
• reason for termination of insurance;
• details and name of the insurance company;
• insurance policy number and series.

The approximate text of your application should be like this:

After writing the application, you should scan it and send it by notification letter and email to the insurance company. After the date of receipt of the letter on the 21st day, you are required to return the insurance amount.

In Rosgosstrakh

The application to Rosgosstrakh should be written according to the model given in the following file:

Sample application for refusal of additional services and refund of funds.

If necessary, you can file a complaint with Rospotrebnadzor that insurance was imposed on you or issued without your knowledge; a sample can be seen below.

In each individual case, analyze the situation, study the laws and boldly seek the restoration of your rights, if, of course, the law is on your side.

How to get your money back if you repay early

Let's consider this option. Let's say the borrower agreed to all the bank's terms and conditions and took out a loan with insurance. Please note that the insurance amount was paid using the money from the loan itself.

After some time, the borrower pays off the loan in full. But what about insurance? Legally, it continues to operate, but in fact the need for it has disappeared. Now remember this:

Do not rush to write an application for termination of the insurance contract.

Why? If the insurance contract itself stipulated the fact of early termination and did not stipulate the return of money, then there is no point in your application. The contract at your request will be terminated, but the money will not be returned.

If there is a condition for the return of money in the contract, then in this case, at your request, the balance of unused funds as of the date of termination of the contract will be recalculated and the request will be satisfied.

A sample application looks like this:

There are times when the money is not returned to you, citing many reasons. What to do in this case?

First of all, you should know that you have two undeniable guarantees of success in winning this case in court:

1. The first is early repayment of the loan.
2. The second is the opportunity, in your case, provided for in the Insurance Contract and the Rules thereto, to return the rest of your money.

We file a lawsuit. Payment of state duty is not required, since your case is related to the protection of consumer rights. Early termination of a life insurance contract on a loan is provided for in clause 1 of Article 958 of the Civil Code of the Russian Federation.

You created a condition by repaying the loan early. And paragraph 3 of the same article says that you have the right to part of the insurance money, calculated in proportion to the time when the need for insurance has ceased.

Thus, the insurer can keep for itself that part of the funds attributable to the time when the loan agreement was in effect. The rest must be returned.

In the statement of claim you must refer to Art. 958 of the Civil Code of the Russian Federation, Article 32 “On the Protection of Consumer Rights”, which contains legal norms, conditions for termination of insurance and the borrower’s right to refuse to fulfill the contract in the event of the provision of services under it having already been completed, and at any time.

Due to the fact that there is no longer any insurance risk, the insurance amount is zero. Therefore, the insurer is obliged to return the remaining money. A sample statement of claim is provided in the following file.

Statement of claim for recovery of part of the insurance premium under an insurance contract.

After carefully reading this article, you will easily understand your options in this or that case, fill out the application correctly, prepare a package of necessary documents and legally defend your civil right to comply with Russian legislation.

Video: Loans, insurance service in a loan agreement, how to return loan insurance.