Article 11. Rights and obligations of the policyholder (insured) The Law on Compulsory Environmental Insurance

Home / RLA / Article 11. Rights and obligations of the policyholder (insured) The Law on Compulsory Environmental Insurance

1. The Policyholder (the insured) has the right:

1) require the insurer to clarify the terms of compulsory environmental insurance, their rights and obligations under the contract of compulsory environmental insurance;

2) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective ten calendar days after the date of its first official publication);

3) involve an independent expert to assess the cost of eliminating (remediating) the environmental damage caused by the accident;

4) to get acquainted with the results of the assessment of the cost of eliminating (remediating) environmental damage caused as a result of the accident, and calculations of the amount of insurance payment made by the insurer (including through the insurer's Internet resource) or an independent expert;

5) terminate the compulsory environmental insurance contract ahead of schedule (this right applies only to the policyholder);

5-1) apply to the insurer, taking into account the specifics provided for in Article 22-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the compulsory environmental insurance contract;

6) send the application and the attached documents to the insurance Ombudsman (directly to the insurance Ombudsman, including through his online resource, or through the insurer, including its branch, representative office, other separate structural unit, Internet resource), taking into account the specifics provided by the Law of the Republic of Kazakhstan "On Insurance Activities";

7) receive an insurance payment in the cases provided for by this Law.

The compulsory environmental insurance contract may provide for other rights of the policyholder (insured) that do not contradict the laws of the Republic of Kazakhstan.

2. The Policyholder is obliged to:

1) pay insurance premiums in the amount, procedure and terms established by the compulsory environmental insurance contract;

2) inform the insurer about the insurance risk status;

3) notify the insurer of the occurrence of an insured event;

4) in the event of an accident, take reasonable and affordable measures in the circumstances to prevent or reduce possible environmental damage;

5) inform the relevant authorities, taking into account their competence (state fire service bodies, ambulance service, emergency services, authorized body) about the accident that caused environmental damage and about the injured persons;

6) ensure that the right to reverse the claim against the person responsible for the occurrence of the insured event is transferred to the insurer.

The contract of compulsory environmental insurance may provide for other obligations of the policyholder that do not contradict the legislative acts of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated December 13, 2005 No. 93-III.

This Law regulates public relations arising in the field of compulsory environmental insurance and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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