Article 21. Grounds for the insurer's exemption from insurance payments 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 insurer has the right to refuse insurance payment in whole or in part if the insured event occurred as a result of:
1) intentional actions of the beneficiary aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;
2) actions of the beneficiary recognized as intentional criminal or administrative offenses related to the insured event in accordance with the procedure established by legislative acts of the Republic of Kazakhstan.
2. The insurer is exempt from making insurance payments if the insured event occurred as a result of:
1) military operations;
2) civil war, popular unrest of all kinds, mass riots or strikes.
3. The following may also be the basis for the insurer's refusal to make an insurance payment::
1) any claims for damages in excess of the insured amount stipulated in the contract of compulsory liability insurance of the owners of the facilities;
2) receipt by the policyholder (insured) and (or) another person who is the beneficiary of appropriate compensation for the loss from the person responsible for causing the loss;
3) failure to notify the insurer of the occurrence of an insured event.
4. The decision to refuse insurance payment is made and notified by the insurer within thirty calendar days to the policyholder (insured) and (or) beneficiary in writing with a reasoned justification of the reasons for the refusal and notification of the right of the policyholder (insured, beneficiary) to apply to the financial ombudsman for a pre-trial settlement of the dispute, taking into account the specifics of the legislation of the Republic of Kazakhstan.
5. The insurer's refusal to make an insurance payment may be appealed by the policyholder (insured) and (or) another person who is a beneficiary to the court.
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
© 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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