Article 19. General conditions for the insurance payment of the Law on Compulsory Environmental Insurance

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1. The claim for insurance payment to the insurer is submitted by the policyholder or 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, accompanied by the documents required for insurance payment.

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 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) a copy of the remediation program approved in accordance with the environmental legislation of the Republic of Kazakhstan;

3) Excluded by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 07/01/2021). 4) Excluded by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 07/01/2021).

5) documents confirming the expenses incurred by the policyholder in order to prevent or reduce environmental damage in the event of an insured event, if any;

6) in some cases, a court decision that found the policyholder responsible for the occurrence of the insured event.

2-2. 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. The beneficiary is the policyholder or another person who is obliged to eliminate environmental damage, including through insurance payments.

4. The insurance payment may not exceed the cost of eliminating (remediating) the environmental damage caused as a result of the accident.

5. Excluded by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 07/01/2021).

6. Upon a written application from the policyholder (beneficiary) or a notarized power of attorney, the insurance payment may be made directly to the person who performed the work and provided services to eliminate environmental damage caused as a result of the accident.

7. 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.

The Law of the Republic of Kazakhstan dated December 13, 2005 No. 93-III.

This Law regulates public relations arising in the field of compulsory environmental insurance and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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