Article 14. Rights and obligations of the insurer of the Law on Compulsory Insurance of Civil Liability of the Carrier to Passengers

Home / RLA / Article 14. Rights and obligations of the insurer of the Law on Compulsory Insurance of Civil Liability of the Carrier to Passengers

1. The Insurer has the right:

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

2) 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 the victim;

3) to assess the damaged (destroyed) property of the victim in order to establish the causes and other circumstances of the traffic accident;

4) use the services of an independent expert to assess the amount of damage caused to the health and (or) property of the victim and determine the amount of the insurance payment upon the occurrence of an insured event;

5) to present the right of a counterclaim to the person responsible for causing harm in the cases provided for in Article 23 of this Law.;

6) to refuse to make insurance payments in whole or in part on the grounds provided for in Article 24 of this Law.

The contract of compulsory liability insurance of the carrier may provide for other rights of the insurer that do not contradict the civil legislation of the Republic of Kazakhstan.

2. The Insurer is obliged to:

1) to acquaint the policyholder (insured) with the terms of compulsory carrier liability insurance, including the rights and obligations of the parties arising from the contract of compulsory carrier liability insurance;

2) when concluding a compulsory carrier liability insurance contract, issue an insurance policy to the policyholder (insured);

3) upon notification of an insured event (an event considered as an insured event) that occurred during the period of insurance coverage under the carrier's compulsory liability 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 by a regulatory legal act of the authorized body;

4) within seven working days from the date of receipt of the notification of the occurrence of an insured event, at the request of the policyholder or his representative, make an assessment of the amount of damage caused, draw up an insurance act indicating the calculation of the amount of insurance benefit and provide it to the beneficiary for review.;

4-1) 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.;

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

5-1) upon receipt of an application from the policyholder (victim, beneficiary), consider the claims of the policyholder (victim, beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days.;

5-2) upon receipt of an application from the policyholder (victim, beneficiary) 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;

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

7) ensure the secrecy of insurance.

The contract of compulsory liability insurance of the carrier may provide for other obligations of the insurer that do not contradict the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 1, 2003 No. 444.

This Law regulates relations arising in the field of compulsory insurance of civil liability of the carrier to passengers, and establishes the legal, financial 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