Article 13. Rights and obligations of the insurer 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 / Laws / Article 13. Rights and obligations of the insurer 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 Insurer has the right:

1) when concluding a contract of compulsory liability insurance for the owner of an object, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan, require the policyholder (insured) to provide information necessary for concluding a contract of compulsory liability insurance for owners of objects in accordance with this Law, including information on previous contracts of compulsory and voluntary liability insurance for owners of objects, insurance cases and insurance payments;

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

3) request from the relevant state bodies and organizations, based on their competence, documents confirming the occurrence of the insured event and the amount of damage caused to third parties;

4) participate in the inspection of damaged property of third parties and the affected area and sign inspection certificates;

5) 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 an increase 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 harm if it occurs);

6) act on behalf of and on behalf of the policyholder (insured) in relations related to compensation for damage caused;

7) on behalf of the policyholder (the insured), take over the conduct of cases in court on his behalf in respect of claims submitted by beneficiaries. However, these actions of the insurer cannot be regarded as recognition of their obligation to make insurance payments.;

8) to present the right of a counterclaim to the person responsible for causing harm.

The contract of compulsory liability insurance for owners of facilities 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 (insured) with the terms of compulsory liability insurance of the owners of the facilities, including the rights and obligations of the parties arising from the contract of compulsory liability insurance of the owners of the facilities;

2) issue an insurance policy to the policyholder (insured);

2-1) upon notification of an insured event (an event considered as an insured event) that occurred during the period of insurance coverage under the contract of compulsory liability insurance for owners of facilities, 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 with the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

3) upon the occurrence of an insured event, make an insurance payment in accordance with the procedure and on the terms provided for by this Law.;

3-1) if there are insufficient documents confirming the occurrence of the insured event and the amount of damage to be reimbursed by the insurer, 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.;

4) in the event of a decision to refuse insurance payment, send to the policyholder (beneficiary) in writing a reasoned justification for the reasons for the refusal and a notification of the right of the policyholder (insured, beneficiary) to apply to the financial ombudsman for a pre-trial settlement of the dispute, taking into account the specifics of the legislation of the Republic of Kazakhstan;

5) ensure the secrecy of insurance;

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

7) upon receipt from the policyholder (third party, beneficiary) of an application sent to the financial Ombudsman, forward this application, as well as the documents attached to it, to the financial Ombudsman within three working days from the date of receipt

The contract of compulsory liability insurance for owners of facilities 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 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

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases