Article 12. Rights and obligations of the insurer The Law on Compulsory Environmental Insurance

Home / RLA / Article 12. Rights and obligations of the insurer The Law on Compulsory Environmental Insurance

1. The Insurer has the right:

1) when concluding a compulsory environmental insurance contract, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan and the environmental legislation of the Republic of Kazakhstan, require the policyholder to provide information necessary for concluding a compulsory environmental insurance contract in accordance with this Law, including information on previous compulsory environmental insurance contracts, insurance claims and insurance payments;

2) request from the relevant government agencies and organizations, taking into account their competence, documents confirming the occurrence of an insured event, the nature and scale of environmental damage;

3) receive from the policyholder and the insured the complete and reliable information necessary to assess the risk of environmental damage, the causes, extent and consequences of the insured event.;

4) to assess the cost of eliminating (remediating) environmental damage in order to establish the causes and other circumstances of the insured event;

5) involve an independent expert to assess the scale of environmental damage caused as a result of an accident and determine the amount of insurance payment upon the occurrence of an insured event;

6) conduct their own research on the state of the environment and environmentally hazardous types of economic and other activities carried out by the policyholder before and after the occurrence of the insured event;

7) to present the right of a counterclaim to the person responsible for causing environmental damage in the cases provided for in Article 21 of this Law.;

8) to refuse to make insurance payments in whole or in part on the grounds provided for in Article 22 of this Law.

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

2. The Insurer is obliged to:

1) to acquaint the policyholder with the terms of compulsory environmental insurance, including the rights and obligations arising from the contract of compulsory environmental insurance;

2) provide the applicant with a certificate indicating the full list of submitted documents and the date of their acceptance;

3) after the conclusion of the compulsory environmental insurance contract, issue an insurance policy to the policyholder;

4) upon notification of an insured event (an event considered as an insured event) that occurred during the period of insurance coverage under the compulsory environmental insurance contract, immediately register it and submit information on this insured event (an event considered as an insured event) to the organization for the formation and maintenance of a database in accordance with the regulatory a legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

5) to make, at the request of the policyholder in writing or his representative, an assessment of the cost of eliminating (remediating) environmental damage as a result of the accident, draw up an insurance act indicating the calculation of the amount of insurance benefit and submit it to the beneficiary for review.;

6) upon the occurrence of an insured event, make an insurance payment in accordance with the procedure and terms established by this Law.;

6-1) if there are insufficient documents confirming the occurrence of an insured event and the amount of payment to be reimbursed by the insurer in order to eliminate environmental damage by the policyholder (beneficiary), inform the applicant about this within three working days from the date of their receipt, indicating the full list of missing and (or) incorrectly executed documents.;

7) reimburse the policyholder (beneficiary) for the expenses incurred by him in order to prevent or reduce environmental damage caused as a result of an accident in the event of an insured event;

8) ensure the secrecy of insurance;

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

10) in the event of a decision to refuse insurance payment, send the policyholder a written justification for the reasons for the refusal within ten days from the date of the decision and a notification of the policyholder's (insured, beneficiary's) right to contact the insurance ombudsman to resolve disputes, taking into account the specifics of the legislation of the Republic of Kazakhstan.;

11) upon receipt of an application from the policyholder (beneficiary), consider the claims of the policyholder (beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days.;

12) upon receipt of an application from the policyholder (beneficiary) to the Insurance Ombudsman, forward this application, as well as the documents attached to it, to the Insurance Ombudsman within three working days from the date of receipt.

The compulsory environmental insurance contract may provide for other obligations of the insurer 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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