Appeal against the court's decision on recovery of insurance benefit under the compulsory insurance contract
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To the Appeal Board for Civil Cases of the Almaty City Court
Almaty, 050000, Kazybek Bi street, 66.
0201@sud.kz
from the Plaintiff: SE.S.,
IIN …
Address: Taraz, lane..... 7.
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5085.
THE APPEAL
on the decision of the Bostandyk District Court of Almaty dated May 29, 2023
On May 29, 2023, the Bostandyk District Court of Almaty, the presiding Judge Khasenova A.E., having considered the civil case No. 7514-23-00-2/3208 on the claim of S.E.S. against JSC Insurance Company Sentras Insurance for the recovery of insurance payments under the compulsory insurance contract, the Judge Decided - the claim of S.E.S. against Joint Stock Company Insurance Company Sentras Insurance" on the recovery of an insurance payment under a compulsory insurance contract, to leave without satisfaction.
We consider the decision of the court of first instance to be unlawful and unjustified due to the following circumstances:
On February 3, 2021, the Plaintiff became the winner of the auction for real estate, according to the Protocol on the results of the electronic auction. On February 8, 2021, an agreement for the purchase and sale of real estate in the amount of 9,499,946.63 tenge was concluded between the plaintiff and CHSI Bisengaliev B.E.
By the decision of the specialized interdistrict administrative court of the Mangystau region dated December 20, 2021, the protocol on the results of the electronic auction dated February 3, 2021 for the sale of real estate was declared illegal and canceled.
By the decision of the court No. 2 of Aktau, Mangystau region, the real estate purchase and sale agreement concluded between the plaintiff and CHSI Bisengaliev B.B. dated February 8, 2021 was declared invalid, the parties were restored to their original position.
As mentioned above, on August 16, 2021, an agreement was concluded between the defendant and CHSI Bisengaliev B.B.
According to paragraph 11, Part 1 of the Agreement, the term of the Agreement is defined from August 27, 2021 to August 26, 2022 By virtue of paragraph 2.4 of Part 2 of the Agreement, the Insured Event is recognized as an insured event if the following conditions are met: harm to third parties was caused during the insurance period.
As established at the court hearing, the auctions were held on February 3, 2021, and the property purchase and sale agreement was concluded on February 8, 2021.
However, according to clause 7 of the Contract, the obligation of the Policyholder (Insured) to compensate for damage caused to third parties is established in accordance with current legislation on the basis of a court decision that has entered into force.
In its decision, the court of first instance unreasonably argues that the plaintiff did not file any claims for the refund of funds paid for the purchase of real estate, and the plaintiff immediately sued the defendant.
Although at the beginning of the trial, the plaintiff's side indicated that we had contacted B.E. Bisengaliev and the liquidation commission of Astana Bank JSC.
The court also made the decision unreasonably and took into account only the defendant's position.
By virtue of art. 8-2. According to the Law of the Republic of Kazakhstan dated December 18, 2000 "On Insurance Activities", professional liability insurance is a type of civil liability insurance that provides for insurance payments in the amount of partial or full compensation for damage caused to third parties as a result of erroneous actions (inaction) and (or) omissions in the process or as a result professional activity carried out on the basis of a special permit (license, notification) and (or) requiring special knowledge, experience and (or) qualifications.
Thus, all the above-mentioned professional errors of the CSI have influenced the decisions of the Courts, as a result of which the plaintiff has been left without an apartment and without funds to date.
According to clause 4, Part 5.1. of the professional liability insurance contract for private bailiffs, the beneficiary has the right to receive insurance payments in accordance with the procedure and conditions established by the contract.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
According to Article 427 of the CPC, the grounds for revoking or changing a court decision on appeal are: incorrect determination and clarification of the range of circumstances relevant to the case; failure to prove the circumstances established by the court of first instance that are relevant to the case; inconsistency of the conclusions of the court of first instance set out in the decision with the circumstances of the case; violation or improper application of the norms of substantive or procedural law, as well as substantive law norms, are considered violated or improperly applied if the court: has not applied the law to be applied; applied a law that cannot be applied; misinterpreted the law.
In accordance with Articles 401, 402, 403, 404 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated that an appeal may be filed against court decisions that have not entered into force. The right of appeal against a court decision belongs to the parties and other persons involved in the case, and are considered by the appellate judicial board for civil cases of the regional and equivalent courts in a collegial composition of at least three judges of the board. Appeals are filed through the court that issued the decision. An appeal may be filed within one month from the date of the final decision, and by persons who did not participate in the trial, from the date of sending them a copy of the decision.
The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.
Based on the above and guided by Articles 401, 402, 403, 404 of the CPC RK,
I ask the Court:
To satisfy the appeal of the Defendant S.E.S. against the Decision of the Bostandyk District Court of Almaty dated May 29, 2023;
The decision of the Bostandyk District Court of Almaty dated May 29, 2023 – to cancel.
With respect, ___________/N.N. Nurlanov
"___"___________2023 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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