Article 18. Determination of the insured event and the amount of the insurance benefit 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 18. Determination of the insured event and the amount of the insurance benefit 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 18. Determination of the insured event and the amount of the insurance benefit 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. An insured event under a contract of compulsory liability insurance for owners of facilities is recognized as the occurrence of civil liability of the policyholder (insured) for compensation for damage caused to the life, health and (or) property of a third party by a dangerous industrial factor.

The amount of the insurance payment is determined by the insurer or an independent expert on the basis of the act of investigation of the causes of the accident, incident, court decisions and other materials containing data on the amount of damage caused.

2. The amount of insurance payment for damage caused to the life and health of every third person is established by this Law in the amount of the monthly calculation index established by the law on the republican budget for the relevant financial year, and is:

1) at death - 1000;

2) when establishing disability:

The first group is 800;

The second group is 600;

The third group is 500;

a child with a disability – 500;

3) in case of injury, injury or other damage to health without establishing disability - in the amount of the actual costs of outpatient and (or) inpatient treatment, but not more than 300. At the same time, the amount of insurance payment for each day of inpatient treatment should be at least 2 months of the calculated indicator.

3. The amount of damage caused by damage to property is determined based on the calculation of the cost of its restoration, taking into account the depreciation of property that occurred before the insured event.

The cost of property restoration is determined based on average market prices and tariffs in effect at the time of the insured event.

The amount of damage caused during the destruction of property is determined based on the actual value of the property, taking into account wear and tear on the day of the insured event.

Property is considered destroyed if its restoration is technically impossible or economically unjustified. Restoration of property is considered economically unjustified if the expected costs (cost of restoration) exceed eighty percent of the actual value of the property, taking into account the accrued depreciation on the day of the insured event.

4. The amount of damage caused to the property of each third party as a result of the occurrence of an insured event, at the request of the policyholder (insured) or another person who is a beneficiary, is determined by the insurer. An assessment of the amount of damage caused may be carried out by an independent expert, if necessary. In case of disagreement with the results of the assessment of the damage caused, the parties have the right to prove otherwise.

5. The insurance payment may not exceed the amount of losses (actual damage) caused to a third party.

The insurance payment for damage caused to the life and health of every third person shall be carried out in the amount established by paragraph 2 of this article.

6. The Insurer has the right to conduct an additional investigation in order to determine the amount of damage caused. In this regard, he has the right to request materials from the technical investigation of an accident, incident, documents from government agencies regarding damage, medical documents, invoices that allow us to assess the value of lost (damaged, deceased) property, the cost of work performed, costs incurred, as well as other necessary documents.

7. Insurance payments are made within the limits of the insured amount specified in the contract of compulsory liability insurance of the owners of the facilities.

If the insured amount is insufficient to fully compensate for the damage caused to third parties, the insurer shall make insurance payments within the limits of the insured amount specified in the compulsory liability insurance contract for the owners of the facilities, in accordance with the procedure provided for in paragraph 7 of Article 19 of this Law. In this case, the beneficiary has the right to file a claim directly to the policyholder (insured) for compensation for the damage caused in the amount exceeding the amount of the damage caused over the amount of the insurance payment received.

8. When insuring the civil liability of property owners from several insurers, each insurer is liable to the policyholder within the limits of the contract concluded with him, however, the total amount of insurance payments received by the policyholder (beneficiary) from all insurers cannot exceed the actual damage.

In this case, the policyholder has the right to receive an insurance payment from any insurer in the amount of the insured amount stipulated by the contract concluded with him. If the insurance payment received does not cover the actual damage, the policyholder has the right to receive the missing amount from another insurer.

An insurer who is fully or partially exempt from insurance payments due to the fact that the damage caused has been compensated by other insurers is obliged to return to the policyholder the corresponding part of the insurance premiums minus the costs incurred.

9. In cases where the damage caused is also compensated by other persons, the insurer pays only the difference between the amount of the insurance payment under the compulsory liability insurance contract for the owners of the facilities and the amount compensated by other persons. The Policyholder is obliged to inform the insurer about the payments made by other persons in compensation of damage to third parties that have become known to him.

10. The Insurer is also obliged to reimburse the expenses incurred by the policyholder in order to prevent or reduce losses from the insured event, if such expenses were necessary and (or) were incurred to comply with the instructions of the insurer, even if the appropriate measures were unsuccessful. The specified expenses are reimbursed by the insurer within thirty days from the date of receipt of the act on the corresponding expenses, but not before the insurance payments are made.

The specified expenses of the policyholder are reimbursed in actual amounts, however, so that the total amount of the insurance payment and compensation of expenses does not exceed the insured amount stipulated in the contract of compulsory liability insurance of the owners of the facilities.

If the expenses have arisen as a result of the policyholder's fulfillment of the insurer's instructions, they are reimbursed in full, regardless of the insured amount.

11. In the event of the death of the victim in the absence of heirs, the person who carried out the burial of the victim, the insurer reimburses the necessary funeral expenses in the amount of the actual costs, but within the limits of the insured amount established by the contract of compulsory liability insurance of the owners of the objects.

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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