Article (in Russian): M. Kratenko, O.-J. Luik, "The modern model of indemnity insurance and prospects of its implementation in Russian law", Perm University Herald. Juridical Sciences 2020 (50), pp. 762–786. DOI: 10.17072/1995-4190-2020-50-762-786; the DOI currently resolves to a page that does not open, the record is available in the university publication database (published 2020)
Co-author: Maksim Kratenko.
Topic
The article deals with the modern model of indemnity insurance, that is cover intended to compensate the loss actually suffered rather than to pay an agreed sum. The model rests on the indemnity principle (no enrichment from an insured event), the requirement of insurable interest, and the resulting rules on under-, over- and double insurance. As the title indicates, the authors assess how such a model could be transposed into the civil law of a neighbouring European jurisdiction. The abstract could not be opened when this post was prepared, so the authors' conclusions are not reported in detail.
Relevance for Estonian law
The Estonian Law of Obligations Act (võlaõigusseadus, VÕS) distinguishes indemnity insurance from fixed-sum insurance and contains general indemnity rules based on the indemnity principle. Comparative analysis helps explain why Estonian solutions, such as the rules on insurable interest and over-insurance, take the form they do.