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Article 13. The rights and obligations of the insurer of the Law on Compulsory Tourist Insurance

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 13. The rights and obligations of the insurer of the Law on Compulsory Tourist Insurance

     1. The Insurer has the right:

     1) when concluding a tourist's compulsory insurance contract, require the policyholder to provide information about the insured person necessary for entering into the tourist's compulsory insurance contract.;

     2) request, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, from the relevant state bodies and organizations, based on their competence, documents and information related to the occurrence of the insured event and the determination of the amount of damage caused as a result of the occurrence of the insured event.;

     3) to participate in the settlement of issues related to the claims of insured persons for compensation for damage caused as a result of the occurrence of insured events specified in this Law;

      4) to present the right of a counterclaim to the person responsible for causing harm in the cases provided for in Article 19 of this Law.;

      5) to refuse to make insurance payments in whole or in part on the grounds provided for in Article 20 of this Law.

      2. The Insurer is obliged to:  

     1) to acquaint the policyholder with the terms and procedure of compulsory insurance, including the rights and obligations of the parties arising from the tourist's compulsory insurance contract;

     2) when concluding a tourist's compulsory insurance contract, issue an insurance policy and an insurance certificate;

     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 tourist's compulsory 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 by a legal act of the authorized body;

     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.;

     4) 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.;

     4-1) upon receipt of an application from the policyholder, the insured (beneficiary), consider the claims of the policyholder, the insured (beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days.;

     4-2) upon receipt from the policyholder, the insured (beneficiary) of an application sent 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;

      4-3) within five working days from the date of receipt from the insured of the documents provided for in Article 18 of this Law, determine the amount of the insurance payment and submit it to the insured for review.;

      5) ensure the secrecy of insurance;  

     6) reimburse the insured for the expenses incurred by him in order to prevent or reduce losses in the event of an insured event;

     7) conclude contracts with one and (or) several assistance companies that undertake to provide assistance under the tourist's compulsory insurance contract.

     3. The tourist's compulsory insurance contract may provide for other rights and 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 31, 2003 No. 513.

        This Law regulates public relations arising in connection with compulsory tourist insurance and establishes the legal, economic and organizational basis for its implementation.

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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