On the automatic termination of insurance contract and the refusal to pay the insurance compensation as a consequence of non-payment of the insurance contributions in the established periods (on the example of jurisprudence of the Moscow region)

The question is raised about application of positions of article 954, part 3 of the Civil code of Russian Federation (in the aspect of refusal of insurance company from payment of insurance compensation and automatic termination of insurance contract as consequences of non-payment of the insurance contributions in the established periods). Within the framework of the decreed question the analysis of legislation and arbitrage judicial practice (on the example of the Moscow region) is conducted. The proposal that the condition about automatic cancellation of the contract of insurance in case of not introduction of the next payment doesn''t correspond to general provisions of the civil legislation. In this connection establishment of the will of the parties on contract cancellation and observance of an order of its cancellation appears obligatory. In connection with the stated, the author supposes legitimate necessity of the research and estimation by courts at the dispatch of businesses of next circumstances : consequences of violation of terms and order of inpayment of insurance payments, insurances envisaged in rules; fact of acceptance (nonacceptance) by an insurer paid after the offensive of accident insured of overdue part of insurance bonus; fact of return (withholding) by the insurer of the bonus paid with expiration insure; fact of notification (unnotifications) by the insurer of insure about avoiding contract of insurance in connection with expiration of bringing of the indicated payments.