According to the Federal Law “On self -regulatory organizations”, each self -regulatory organization is supposed to create a mandatory system for ensuring property civil liability.
To create such a SRO system, it can independently choose the following ways:
1) the formation of only a compensation fund.
2) the formation of a compensation fund and, at the same time, liability insurance, which will be an additional source of security.
SRO insurance in construction provides for three types of responsibility:
Causing harm to life and health.
Causing harm to property of third parties.
In the case when a self -regulatory organization chooses the first path of creating a civil liability system, the minimum contribution to the compensation fund is 1,000,000 rubles.
With the second “combined” version, the minimum contribution to the compensation fund is 300,000 rubles, but the term establishes requirements for compulsory civil liability insurance.
Most often, to reduce financial burden on construction companies, self -regulatory organizations choose a “combined” option for ensuring responsibility. Accordingly, in addition to paying the compensation fund, an insurance contract and insurance policy are drawn up.
The insurance contracts prescribe the types of insured work, which should coincide with the species for which the allowance of the SRO has received.
While the certificate of admission to the types of work is valid, the termination of the insurance policy is not allowed. That is, while the company consists in the members of the self -regulatory organization, the contract must be extended at the time of the expiration of the previous one.
The limit of civil liability under the insurance contract can set at its discretion, for example, based on the number of types of work or the nature of the object (ordinary, especially dangerous or unique). The size of the limit can be any, in this regard, it is necessary to objectively evaluate the risks of the onset of responsibility, as well as the risks of disclosing the damage with the established limit.
If the damage exceeds the limit of insurance liability under the contract, the company’s property is used for its further coverage, if the property does not cover the damage, funds are paid from the compensation fund. The extension company is excluded from the SRO members, and the compensation fund is restored through the contributions of all members of the SRO.