Article 11-2. Consideration of applications from applicants of the Insurance Law

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1. An insurance organization shall consider applications from individuals and legal entities related to the implementation of insurance activities in accordance with the requirements for the implementation of insurance activities by an insurance organization or a branch of an insurance organization that is a non–resident of the Republic of Kazakhstan, including in relations with insurance market participants established by a regulatory legal act of the authorized body.

2. The period of consideration of the applicant's application should not exceed fifteen working days from the date of admission to the insurance company.

If it is necessary to establish factual circumstances relevant to the proper consideration of the application, the period for consideration of the application may be extended by fifteen working days, which the applicant is notified of within three working days from the date of the extension.

3. Based on the results of consideration of the application, the insurance company is obliged to send the applicant a response (decision) on the merits of his application.

4. The applicant's application must be dismissed in the following cases::

1) the address to which the reply should be sent is not specified in the request.;

2) the application does not contain the surname, first name, patronymic (if it is indicated in the identity document) and its individual identification number or the applicant's full name and business identification number;

3) the appeal contains obscene or offensive language, threats to the property of the insurance company, threats to the life, health and property of its employee, as well as members of his family;

4) the appeal is unreadable;

5) the appeal was submitted by an unauthorized person.

In the cases provided for in subparagraphs 2), 3), 4) and 5) of part one of this paragraph, the insurance company, within five working days from the date of receipt of the applicant's request, shall send the applicant a response indicating the reasons for leaving the request without consideration.

5. The applicant, who is an individual and (or) a small business entity, who are policyholders (insured, beneficiaries) of all types of insurance, and other legal entities – only for the class (type) of compulsory civil liability insurance of vehicle owners with an amount of claims not exceeding ten thousand times the monthly calculation index established by the law on the Republican budget and effective on January 1 of the relevant financial year, they have the right to apply to the financial Ombudsman in accordance with the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision financial market and financial organizations" within the framework of the pre-trial dispute settlement procedure in the following cases:

refusal by the insurance company to satisfy the applicant's property claim or failure by the applicant to receive a response from the insurance company within the time period provided for in paragraph 2 of this Article.;

failure to reach a mutually acceptable solution in the settlement of disputes between policyholders (insured, beneficiaries) and insurance organizations arising from insurance contracts, as well as between insurance organizations.

6. An insurance company shall submit to the authorized body reports on received applications from individuals and legal entities, the list, forms, deadlines and procedure for submitting which are established by a regulatory legal act of the authorized body.

7. The provisions of this article shall apply to branches of an insurance organization that is a non–resident of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated December 18, 2000 No. 126.

President

Republic of Kazakhstan

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