Article 10. The contract of compulsory liability insurance of the carrier and the procedure for its conclusion of the Law On Compulsory Insurance of Civil Liability of the Carrier to Passengers

Home / RLA / Article 10. The contract of compulsory liability insurance of the carrier and the procedure for its conclusion of the Law On Compulsory Insurance of Civil Liability of the Carrier to Passengers

1. Compulsory liability insurance of a carrier is carried out on the basis of a contract concluded between the policyholder and the insurer in accordance with this Law.

2. The contract of compulsory liability insurance of the carrier provides for insurance payments for obligations incurred as a result of harm to the life, health and (or) property of the victim, with the exception of compensation for moral damage and lost profits of the victim, including loss of the marketable value of the property, as well as compensation for penalties in connection with the violation of the victim's terms of delivery of goods or work (provision of services), and his other obligations under contracts (agreements).

3. A compulsory carrier liability insurance contract must be concluded only with an insurer licensed to carry out activities of this type (class). compulsory insurance.

The policyholder is free to choose an insurer.

The insurer has no right to refuse the policyholder to conclude a contract of compulsory liability insurance of the carrier, except in cases stipulated by the laws of the Republic of Kazakhstan.

Under the contract of compulsory liability insurance of the carrier, the policyholder undertakes to pay the insurance premium, and the insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the beneficiary in the amount, procedure and terms established by this Law.

4. The contract of compulsory liability insurance of the carrier is concluded by registration of the insurance policy by the insurer in electronic form.

The basis for concluding a compulsory carrier liability insurance contract is the policyholder's statement.

The insurer is responsible for the incompleteness of the conditions to be specified in the carrier's compulsory liability insurance contract. In the event of a dispute under the carrier's compulsory liability insurance contract due to the incompleteness of certain of its terms, the dispute is resolved in favor of the policyholder.

4-1. At the request of the policyholder, a compulsory carrier liability insurance contract may be concluded by contacting the insurer or exchanging electronic information resources between the policyholder and the insurer.

5. The insurance policy, in addition to the conditions listed in Article 826 of the Civil Code of the Republic of Kazakhstan, must contain the amount of the maximum amount of liability of the insurer for one insured event.

The requirements for the content and design of the insurance policy for compulsory liability insurance of the carrier are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

6. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective from 01/01/2019).

7. If the insurer has concluded a compulsory carrier liability insurance contract on terms that worsen the situation of the policyholder (insured) or the victim in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer shall bear obligations to the policyholder (insured) and the victim on the terms established by this Law.

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

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