Article 26-4. Insurance contract for civil liability of the operator of a nuclear installation or a single operator of nuclear installations for nuclear damage caused by the Law on the Use of Atomic Energy
1. Insurance of civil liability of the operator of a nuclear installation or a single operator of nuclear installations for nuclear damage caused is carried out in accordance with the legislation of the Republic of Kazakhstan, taking into account the specifics established by this Law.
2. A single operator of nuclear installations has the right to insure the civil liability of the operator of a nuclear installation or a single operator of nuclear installations for nuclear damage caused in respect of one or more nuclear installations.
3. The contract of insurance of civil liability of the operator of a nuclear installation or a single operator of nuclear installations for nuclear damage caused must contain the following conditions:
1) the obligation of the insurer to make an insurance payment in the event of a nuclear incident, except in cases where nuclear damage occurred as a result of an armed conflict, military operations, civil war or uprising, as well as caused in whole or in part as a result of intent or gross negligence of an individual and (or) a legal entity in paying compensation for nuclear damage to such a person;
2) refusal to transfer to the insurer, who is obliged to make or who has made the insurance payment, the rights of the policyholder to compensation for losses (subrogation), except for the cases provided for by this Law;
3) the right of the beneficiary, the insured, as well as the authorized body, instead of the policyholder, to notify the insurer of the occurrence of an insured event;
4) the obligation to notify the insurer of the occurrence of an insured event no later than ten working days from the date of its occurrence.
4. The sum insured under a civil liability insurance contract for nuclear damage concluded with the operator of a nuclear installation or a single operator of nuclear installations in respect of all or several nuclear installations located within the same site is determined as for one nuclear installation, based on the highest category of radiation hazard of nuclear installations.
5. The insurer shall not be exempt from making insurance payments if the operator of a nuclear installation or a single operator of nuclear installations has waived its right to claim against an individual or legal entity responsible for losses compensated by the insurer, or the exercise of this right has become impossible due to the fault of the operator of the nuclear installation or a single operator of nuclear installations.
The Law of the Republic of Kazakhstan dated January 12, 2016 No. 442-V SAM.
This Law defines the legal basis and principles for regulating public relations in the field of the use of atomic energy in order to protect human life and health, their property, and environmental protection, and is aimed at ensuring the regime of non-proliferation of nuclear weapons, nuclear, radiation, and nuclear physical safety in the use of atomic energy.
President
Republic of Kazakhstan
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