Article 12. Rights and obligations of the policyholder (insured) The Law on Compulsory Insurance of Civil Liability of owners of Facilities whose Activities are associated with the Risk of Harm to Third Parties

Home / RLA / Article 12. Rights and obligations of the policyholder (insured) The Law on Compulsory Insurance of Civil Liability of owners of Facilities whose Activities are associated with the Risk of Harm to Third Parties

Article 12. Rights and obligations of the policyholder (insured) The Law on Compulsory Insurance of Civil Liability of owners of Facilities whose Activities are associated with the Risk of Harm to Third Parties

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

1) require the insurer to clarify the terms of compulsory liability insurance for owners of facilities, their rights and obligations under the contract of compulsory liability insurance for owners of facilities;

2) involve an independent expert to assess the insurance risk;

3) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective from 01.01.2019);

4) to get acquainted with the results of the assessment of the amount of damage caused and the calculations of the amount of insurance benefit made by the insurer (including through the insurer's Internet resource) and (or) an independent expert;

5) terminate the contract of compulsory liability insurance of the owners of the facilities 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 21-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the contract of compulsory liability insurance of owners of facilities;

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 through 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) to require changes in the terms of the contract of compulsory liability insurance for owners of facilities in the event of a change in circumstances that may lead to a reduction in insurance risk at an object whose activities are associated with the risk of harm to third parties, the likelihood of an insured event or the amount of possible damage upon its occurrence (this right applies only to the policyholder);

8) receive an insurance payment in the cases and in the manner prescribed by this Law.

The contract of compulsory liability insurance of property owners 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 the insurance premium in the amount, procedure and terms established by the contract of compulsory liability insurance of the owners of the facilities;

1-1) inform the authorized body about this within ten calendar days from the date of conclusion of the compulsory liability insurance contract for the owners of the facilities;

2) when concluding a contract of compulsory liability insurance for owners of facilities, provide the insurer with information on previous contracts of compulsory and voluntary liability insurance for owners of facilities, insurance cases, insurance payments and other information necessary for concluding a contract of compulsory liability insurance for owners of facilities;

3) within three working days, inform the insurer and the authorized state bodies, based on their competence, about changes in circumstances, if these changes may affect the increase in insurance risk.;

4) inform the insurer and government agencies, based on their competence, about the planned modernization and (or) redevelopment of the facility, whose activities are associated with the risk of harm to third parties, which may significantly increase the insurance risk.;

5) take necessary and possible measures to prevent the harmful effects of hazardous production factors on the life, health and (or) property of third parties;

6) immediately, but no later than three days after he became aware of the occurrence of the insured event, notify the insurer about it.;

7) in case of harmful effects of hazardous production factors on the life, health and (or) property of third parties, take reasonable and affordable measures in the circumstances to prevent or reduce possible losses, including salvaging property and providing assistance to injured persons;

8) provide the insurer's representative with the opportunity to conduct an independent investigation of the causes and other circumstances of an accident or incident at an object whose activities are associated with the risk of harm to third parties;

9) take all possible measures to ensure the safety of the affected property and the affected area (if this does not contradict the interests of safety or does not affect the amount of damage) before their inspection by the representative of the insurer in the form in which they appeared after the occurrence of the insured event;

10) provide the insurer with all available information (in writing, if necessary) and documentation to assess the causes, course and consequences of the insured event, as well as the nature and extent of the damage caused;

11) within three working days, as he became aware of the presentation of a claim or statement of claim for compensation for damage caused to the life, health and (or) property of third parties by a dangerous industrial factor, notify the insurer in any available way;

12) ensure that the right to reverse the claim against the person responsible for causing harm is transferred to the insurer.

The contract of compulsory liability insurance of owners of facilities 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 July 7, 2004 No. 580.

This Law regulates public relations arising in the field of compulsory insurance of civil liability of owners of facilities whose activities are associated with the risk of harm to third parties, and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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