Some Triable Issues in Disputes between Subjects of Insurance of the Developer’s Civil Liability

Abstract

The paper explores the contradictions in judicial practice arising in the consideration of disputes between insurers and citizens — participants of share building. The objective of the paper is to identify the essence of the emerging disagreements between the subjects and determine their nature. The analysis takes into account changes in legislation affecting the field of share building. The author relies on the data of current jurisprudence. The author considers as the most common disagreements the applicability of consumer protection legislation to the relationships between the insurer and the beneficiary — the construction participant -- and the validity of payment of insurance compensation provided that the construction participant demands to transfer dwelling premises rather than monetary compensation. In both cases, the author has determined deficiencies in law. The former lacks the necessary legal rule, allowing courts to make decisions by applying different analogies of the law in resolving identical disputes. The second deficiency of the legal rule is not fully formulated, which makes the insurer’s position uncertain when replacing the lender.