Article 13. The rights and obligations of the policyholder of the Law on Compulsory Insurance of Civil Liability of Auditing Organizations

Home / RLA / Article 13. The rights and obligations of the policyholder of the Law on Compulsory Insurance of Civil Liability of Auditing Organizations

1. The Policyholder has the right:

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

2) receive an insurance payment in accordance with the procedure and on the terms stipulated by this Law;

2-1) to get acquainted with the results of the assessment of the amount of damage caused and the calculations of the amount of insurance payment made by the insurer (including through the insurer's Internet resource);

3) apply to the insurer, taking into account the specifics provided for in Article 19-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the contract of compulsory liability insurance of auditing organizations;

4) 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".

The contract of compulsory liability insurance of auditing organizations may provide for other rights of the policyholder that do not contradict the legislative acts 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 auditing organizations;

2) when concluding a compulsory liability insurance contract for auditing organizations, provide the insurer with the information necessary for concluding a compulsory liability insurance contract for auditing organizations;

3) immediately, but no later than five working days, as soon as he became aware of the presentation of a claim or statement of claim for compensation for damage caused as a result of his audit, notify the insurer in an accessible way (orally, in writing);

4) provide the insurer with all information and documentation available to him, allowing him to judge the causes, course and consequences of the event, upon the occurrence of which the policyholder has an obligation to compensate for the damage caused, as well as the nature and extent of the damage caused;

5) provide the insurer with an opportunity to participate in the settlement of issues related to the claims of the audited entity for damages;

6) take measures to prevent or reduce losses from the insured event;

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

8) notify the person to whom audit services have been provided by the policyholder about the insurance of their civil liability for compensation for damage caused to the property interests of the audited entities during the audit.

The contract of compulsory liability insurance of auditing organizations 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 June 13, 2003 No. 440.

This Law regulates public relations arising in connection with compulsory insurance of civil liability of audit organizations, and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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