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Article 20. The right of a counterclaim to a person who has caused harm to the Law on Compulsory Insurance of Civil Liability of Auditing Organizations
1. An insurer who has made an insurance payment has the right to claim back against the policyholder within the limits of the insurance payment made in the following cases::
1) intentional actions of the policyholder aimed at the occurrence of an insured event or contributing to its occurrence;
2) the policyholder commits actions recognized in accordance with the procedure established by legislative acts of the Republic of Kazakhstan as intentional criminal or administrative offenses that are causally related to the insured event.;
3) deliberate failure by the policyholder to take measures to reduce losses in the event of an insured event;
4) the policyholder's communication to the insurer of deliberately false information about the insured object, the insured risk, the insured event and its consequences;
5) the policyholder's waiver of his right of claim against the person responsible for the occurrence of the insured event, as well as the refusal to transfer to the insurer the documents necessary for the transfer of the right of claim.
2. The insurer who has made the insurance payment shall have, within the limits of the amount paid, the right of a reverse claim, which the policyholder has against the person responsible for losses reimbursed by the insurer as a result of insurance.
The Law of the Republic of Kazakhstan dated June 13, 2003 No. 440.
This Law regulates public relations arising in connection with compulsory insurance of civil liability of audit organizations, and establishes the legal, economic and organizational basis for its implementation.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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