THE SUBJECTS OF PROFESSIONAL LIABILITY INSURANCE

Abstract

The article attempts to identify the most significant problems of professional liability insurance at the present time and ways to overcome them in order to form an independent type of liability insurance. The need to introduce general norms of professional liability insurance is justified by the differences of such a contract with insurance contracts of contractual and tort liability, as a complex, having features in the subject composition, insurable interest, insurance risk of the contract. The article examines the legal relationship that arises between the “insurer” and the “policyholder” on the one hand, the “client” and the “service provider” on the one hand, and the “injured person” and the “insurer” on the other. In this regard, special attention is paid to the status of the beneficiary in professional liability insurance and legal gaps are indicated that do not allow the actual beneficiary of this type of insurance to exercise the rights defined by law in the event of an insured event. To solve the problem, it is recommended to turn to the institute of "beneficiaries by law", which means that the legislation imperatively defines the range of persons who act as beneficiaries within the framework of the relevant type of insurance contract.