No one doubts that the work of security enterprises is necessary. However, it is quite dangerous and risky. Entering into contractual obligations to ensure security of the property, many security enterprises declare material liability to the “customer” for any possible damage. However, few customers pounder over the issue of what funds the PSE can use to compensate the losses.
Security companies consider this problem in different ways. For example, “ephemeras” perceive it only as a risk: like as it went bust, didn’t pay off with the customer and closed its operations. Large companies think that this risk is entrepreneurial and justified, therefore they define the ways of solving problems.
How is it possible to minimize these risks? It would be the best way to refer to the experience of the European security structures, which see the solution to the problem in insurance. It is that link, which “unites” business entities and ensures compliance with mutual interests.
Currently, however, this seemingly simple solution is not feasible. In accordance with Article 932 of the Civil Code of the Russian Federation (CC RF), insurance of the liability risk for a breach of the contract is allowed only in cases permitted by the law. Wherein the insurance of the risk of the contractual responsibility in the implementation of security activities is not provided by the law.
But this doesn’t mean that security enterprises don’t try to protect themselves in carrying out their activities and insurance companies don’t try to help them in every way. Sometimes it is proposed to insure the contractual liability as liability for harm, insurance for which is not limited. The justification for this looks like that: any breach of the contract by one of its parties is a breach of the rights of the other party. And any violation of the rights causes damage to the right holder. Therefore, the contractual liability can be considered as a kind of responsibility for causing harm to the person whose right is violated, and consequently to insure it, acting in accordance with Article 931 of the Civil Code of the Russian Federation, bypassing in this way the limitations of Article 932 of the Civil Code. It should be noted that insurance companies of Russia use this practice quite widely. There are also frequent cases of contracts of insurance of responsibility for the quality of services provided by security companies.
However, as the experience shows, insurance companies, guided by considerations of the economic expediency, usually compensate small insurance payments. If large payments are necessary, the case of insurance may be unrecognized, citing the invalidity of the contract, or in conflict it with the Civil Code. Then the security company has to apply to the court for protection of their rights. After all, as the insurant suggests that all requirements of the legislation are complied with: the agreement is concluded, the premium has been paid, the insured event occurred. However, very often the court decides not in favor of the victim.