Article 19. Conditions and procedure for insurance payment of the Law on Compulsory Insurance of Civil Liability of Private Notaries

Home / RLA / Article 19. Conditions and procedure for insurance payment of the Law on Compulsory Insurance of Civil Liability of Private Notaries

1. The claim for insurance payment to the insurer is submitted by the policyholder or a third party in writing, including through the insurer's Internet resource in accordance with the regulatory legal act of the authorized body, with the attachment of documents necessary for the insurance payment.

At the request of the insurer, the applicant is obliged to provide the originals of the documents required for the insurance payment to the insurer, 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 following documents are attached to the insurance payment application:

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 claim of third parties for compensation for damage, 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 by the policyholder as a result of his notarial actions;

3) a copy of the beneficiary's identity card (for an individual) or a power of attorney issued to a representative of a legal entity;

4) documents confirming the costs associated with taking measures to prevent and reduce the amount of harm.

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

4. When making an insurance payment, the insurer does not have the right to require the beneficiary to accept conditions limiting his right to claim against the insurer.

5. The beneficiary is a third person who has been harmed by a private notary as a result of his notarial acts, and in the event of the death (reorganization) of the third person, his heirs (legal successors).

The beneficiary may also be the policyholder or another person who has compensated a third party (heirs (legal successors) for the damage caused within the scope of the insurer's liability established by this Law and has received the right to reimburse his expenses from the insurer.

6. The insurance payment shall be made by the insurer no later than seven working days from the date of receipt of the documents provided for in paragraph 2 of this Article.

7. In cases where the amount of the insurance payment is disputed by the parties to the compulsory liability insurance contract of private notaries or by third parties, the insurer is obliged to make the insurance payment in that part of it, which is not disputed by any of the specified persons, within the period specified in paragraph 6 of this Article.

The disputed part of the insurance payment must be paid by the insurer within three working days from the date of the conclusion of the settlement agreement and its approval by the court, or from the date of entry into force of the court's decision on the dispute, if the court decision is not applied for immediate execution.

8. A claim for insurance payment for damage caused to the property interests of third parties during the period of validity of the compulsory liability insurance contract for private notaries may be submitted to the insurer within three years from the date of the insured event.

The Law of the Republic of Kazakhstan dated June 11, 2003 No. 435.

This Law regulates public relations arising in connection with compulsory insurance of civil liability of private notaries, and establishes the legal, economic 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