Article 19. Conditions and procedure for insurance payment of the Law on Compulsory Insurance of Civil Liability of Owners of Facilities whose activities are associated with the risk of Harm to Third Parties

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Article 19. Conditions and procedure for insurance payment of 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 claim for insurance payment to the insurer is submitted by the policyholder (insured) or another person who is a beneficiary in writing, including through the insurer's Internet resource in accordance with the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations, with the following documents attached:

1) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective ten calendar days after the date of its first official publication).;

2) the beneficiary's claim for compensation recognized by the policyholder, accompanied by documents confirming the damage caused and its amount, or a court decision that has entered into legal force on compensation for damage caused to life, health and (or) property of third parties by a dangerous industrial factor;

3) documents (if any) confirming the costs associated with taking measures to prevent or reduce the amount of harm.

At the request of the insurer, the applicant is obliged to provide the insurer with the originals of the documents required for the insurance payment, with the exception of documents available in electronic form in databases and (or) information systems of government agencies to which the insurer has access.

2. The insurer who accepted the documents is obliged to provide the applicant with a certificate indicating the full list of submitted documents and the date of their acceptance.

If the policyholder (insured, beneficiary) submits a claim for insurance payment in electronic form, the insurer may provide him with this certificate in electronic form.

3. When making an insurance payment, the insurer has no right to require the policyholder (insured) or any other person who is a beneficiary to accept conditions limiting his right to claim against the insurer.

4. The beneficiary is a third person (in case of his death, a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with his death) or another person who has compensated the damage caused to a third person (a person entitled to compensation for damage) within the limits of the insurer's liability established by this Law and has received the right to insurance payment.

5. The insurance payment shall be made by the insurer no later than thirty days from the date of receipt of the documents provided for in paragraph 1 of this Article.

6. In case of late payment of insurance, the insurer is obliged to pay the beneficiary a penalty in the manner and amount established by the Civil Code of the Republic of Kazakhstan.

7. Satisfaction of applications for compensation for damage caused to the life, health and (or) property of third parties by a dangerous industrial factor recognized by the insurer or a court decision as an insured event is carried out in the order in which they are received, and if several applications are received simultaneously in the following order:

1) first of all, claims for compensation for damage caused to the life and health of individuals are satisfied;

2) in the second place, the damage caused to the property of individuals is compensated;

3) third, the damage caused to the property of legal entities is compensated.

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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