SUPREME COURT: THE INSURANCE COMPANY IS RESPONSIBLE FOR THE BANK'S LOSSES, NOT THE BORROWER

The couple took out a mortgage loan from the bank, simultaneously concluding a personal insurance contract, the beneficiary of which was the bank. When the husband died, the insurer refused to pay compensation, which was appealed by the wife in court. The bank also demanded early debt collection, and having been refused, appealed to the court (case No. 78-KG22-27-K3).

In the lawsuit, the bank indicated that the spouse did not fulfill her obligations under the mortgage agreement, as she paid only her part of the loan (the remaining part had to be provided with insurance compensation). The courts of three instances satisfied the claim, considering that after the death of her husband, the wife is fully responsible for the mortgage agreement, since she is both an heir and a co-borrower. Taking into account the circumstances of the case related to the delay in the payment of compensation by the insurer, the courts indicated that the debtor would subsequently be able to file a claim for damages to the insurance company.

However, the Supreme Court of the Russian Federation did not agree with the arguments of the lower courts. He recalled that it is the insurance company that should be responsible for losses due to late payment of the loan repayment. The debtor is not responsible for improper performance by the insurer of its obligations under the insurance contract, where the beneficiary is the bank. Since the legal dispute between the insurance company and the spouse ended with a decision in favor of the latter, the insurer actually allowed late payment of compensation, which led to an increase in the bank's losses.

The acts of the courts have been canceled, the case has been sent for new consideration.