Article 10-1. Requirements for the insurer and online resources when concluding a contract of compulsory carrier liability insurance and settling insurance claims through the exchange of electronic information resources of the Law on Compulsory Insurance of Civil Liability of the Carrier to Passengers

     1. When concluding a compulsory carrier liability insurance contract in electronic form and settling insurance claims under it, the Internet resource and (or) the insurer's information system are used to exchange electronic information resources between the organization for the formation and maintenance of the database, the insurer and the policyholder (insured, beneficiary).

     When submitting an application for the conclusion of a compulsory carrier liability insurance contract in electronic form and the settlement of an insured event, the policyholder is not required to use specialized software.

     The Internet resource of the organization for the formation and maintenance of the database contains a link to the Internet resource of the insurance organization, used to conclude compulsory carrier liability insurance contracts and settle insurance claims in electronic form.

     2. The procedure for the exchange of electronic information resources between the organization for the formation and maintenance of the database and the insurer, the insurer and the policyholder (insured, beneficiary) is determined by a regulatory legal act of the authorized body.

     3. When concluding a compulsory carrier liability insurance contract and settling insurance claims under it using the insurer's Internet resource, the insurer is obliged to ensure:

     1) immediate notification to the policyholder of the conclusion of the carrier's compulsory liability insurance contract or refusal to conclude it (indicating the reasons for the refusal) in the form of an electronic message;

     2) notification of the policyholder (insured) about the main stages of the insured event settlement process, including refusal to accept documents for settlement (indicating the reasons for refusal), in the form of an electronic message in accordance with the procedure established by the regulatory legal act of the authorized body;

      3) the possibility of verification by the policyholder (insured) of information on the concluded contract of compulsory liability insurance of the carrier on the Internet resource of the insurance company;  

     4) the possibility of verification by the policyholder (insured, beneficiary) of information on the insured event under the contract of compulsory liability insurance of the carrier on the Internet resource of the insurance company;

      5) storing the carrier's compulsory liability insurance contract in electronic form and information on the insured event under it, providing round-the-clock access for the policyholder (insured, beneficiary) to the insurer's Internet resource;  

     6) the possibility for the policyholder (insured, beneficiary) to create and send to the insurer information in electronic form (applications, notices and (or) other documents, information) necessary for:

      conclusion of a compulsory carrier liability insurance contract;  

     early termination of the carrier's compulsory liability insurance contract;

     notification of the occurrence of an insured event (an event considered as an insured event);

     determining the amount of damage caused;

     receiving an insurance payment;

      settlement of disputes arising from the carrier's compulsory liability insurance contract, taking into account the specifics provided for in Article 24-1 of this Law.

      The notification of the conclusion of the carrier's compulsory liability insurance contract and the settlement of insurance claims under it is sent from the organization for the formation and maintenance of the database.  

      The requirements for the procedure and content of notifications on the conclusion of a carrier's compulsory liability insurance contract and the settlement of insurance claims under it are determined by the authorized body.  

     4. When concluding a contract of compulsory liability insurance of the carrier by exchanging electronic information resources, the insurance contract is considered concluded from the date of payment of the insurance premium by the policyholder (the first insurance premium in case of payment of the insurance premium in installments), unless otherwise provided by the contract of compulsory liability insurance of the carrier.

     5. When concluding a compulsory carrier liability insurance contract by exchanging electronic information resources, the policyholder pays the insurance premium (the first insurance premium in case of payment of the insurance premium in installments) after familiarizing himself with the insurance conditions provided for by this Law, thereby confirming his consent to conclude an affiliation agreement on the terms proposed to him.

     6. The insurer provides an opportunity to conclude compulsory carrier liability insurance contracts and settle insurance claims under them using the insurer's Internet resource around the clock.

     7. The activity of insurance agents in concluding compulsory carrier liability insurance contracts is not allowed.

The Law of the Republic of Kazakhstan dated July 1, 2003 No. 444.

      This Law regulates relations arising in the field of compulsory insurance of civil liability of the carrier to passengers, and establishes the legal, financial and organizational basis for its implementation.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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